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AQUA-METRIC SALES COMPANY (2)
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AQUA-METRIC SALES COMPANY (2)
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Last modified
8/14/2025 9:59:52 AM
Creation date
12/7/2020 11:30:33 AM
Metadata
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Contracts
Company Name
THIRKETTLE CORPORATION, dba AQUA-METRIC SALES COMPANY
Contract #
A-2020-231
Agency
Public Works
Council Approval Date
11/17/2020
Expiration Date
1/1/1900
Insurance Exp Date
7/1/2026
Notes
For Insurance Exp. Date see Notice of Compliance
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no right whatsoever to all or any part nfthe Hosting Services, underlying system or software <br />right to access and use the Hosting Services in accordance with the terms of this Agreement and the Software <br />License Agreement SmartWorks, its service providers and its licensors reserve all rights not expressly granted <br />to Customer. Customer must fully reproduce any copyright or other notice marked on any part of the <br />documentation or other materials on all authorized copies and must not alter or remove any such copyrightor <br />other notice. Customer shall report boSmmr0Works any infringement or misappropriation nfSmartWorks <br />KnteUectua| Property Rights or other rights in the Hosting Services or the Documentation of which Customer <br />becomes aware. Customer hereby grants to SmartWorks a royalty -free, worldwide, irrevocable, perpetual <br />license touse and incorporate into the Hosting Services, and underlying system and software any suggestions, <br />ideas, enhancement requests, recommendations or other feedback provided by Customer relating to the <br />operation ufthe Hosting Services. <br />(b) Customer Data. As between SmartWorks and Customer, all Data will remain the sole and exclusive property <br />of Customer. Customer is solely responsible for ensuring the accuracy, quality, <br />appropriateness and right to view and use the Data. Subject to the terms and conditions of the AQneement. <br />Customer grants boSmmrtVVorkmmvvor|d-wide,non-exu|uuk/e, royalty -free license boaccess the Data for the <br />purpose of performing the Hosting Services. Access tothe Data shall only be by Smar8Works' employees <br />and/or subcontractors whose job function requires access. Except as specified in this Agreement, SmartWorks <br />may not access the Data for any other purpose without the express written consent ofCustomer. Access to <br />Data by any outside party shall only be in accordance with the terms of this Agreement or where required by <br />Customer grants to SmartWorks a world-wide, non-exclusive, royalty -free license to aggregate or compile Data <br />with the customer data of other customers using the Hosting Services so long as such aggregation or <br />compilation omits any data that would enable the identification of Customer, its clients or any individual, <br />company ororganization ("Aggregated Data"). )SmarhNorku shall have mworldwide, perpetual, royalty -free <br />license to use, modify' distribute and create derivative works based onsuch Aggregated Data, including all <br />reports, statistics or analyses created orderived therefrom. Additionally, Customer grants SmmrtVVorkmthe <br />right to access Data to provide feedback to Customer concerning its use of the Hosting Services. <br />Customer authorizes Smor8Nurka to disclose the fact that Customer is m customer of Smor8Norkm and uses <br />the Hosting Services. <br />Kfand to the extend (i) Smor8Nnrhs and its third party service provider are processing personal data on behalf <br />ofCustomer acting oo Customer's oubproce000r. and (ii) the European General Data Protection Regulation <br />(EU/2016/670) (''GC>PR'') applies tosuch processing of personal data, to the extent legally required Customer <br />shall enter into adata processing agreement. <br />SmartWorks' third party service provider and its affi|iotes, and their contractors and subprncessnrs, may <br />wherever they do business, store and otherwise process business contact information ("BC[) of Customer <br />and its Users, for example, name, business telephone, address, email, and user IDs for business dealings with <br />them VVhena notice to or consent by the individuals is required for such processing, Customer will notify and <br />obtain such consent. SmartVVorks'third party service provider may use personnel and resources in locations <br />worldwide and third party suppliers to support the delivery of its products and services. Smar8Nurkm' third <br />party service provider collects Account Data, defined as information other than Data and BC| that Customer <br />provides to the third party service provider to enable SmartWorks' or Customer's use of the third party service <br />provider's products or that it collects using tracking technologies, such as cookies and web beacons, regarding <br />Smmr8Norks'orCustomer's use ofthe third party service provider's products. Additional details are available <br />at the link toSmartWorkm' third party service provider's Online Privacy Statement set out in Schedule ''A" <br />(c) Data and Privacy Policy ofCustomer <br />The Customer represents and warrants toSmartWorkuthat� <br />N. Harris CvmputerCorpmramon-nonnmnntia| Page eor1e <br />
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