Laserfiche WebLink
pis <br /> Terms and Conditions <br /> Limitations of Liability <br /> EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFUL MISCOUNDUCT IN NO EVENT SHALL EITHER <br /> PARTY BE LIABLE TO THE OTHER FOR INCIDENTAL, INDIRECT,SPECIAL,OR CONSEQUENTIAL DAMAGES <br /> OF ANY KIND, HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY; ARISING OUT OF OR IN <br /> CONNECTION WITH THE SERVICES OR PROGRAM OR SOLUTION PROVIDED PURSUANT TO THIS <br /> AGREEMENT,WHETHER OR NOT SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS. <br /> ATIMS EXTENDS NO WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, ON PARTS SUPPLIED OR <br /> SERVICES PERFORMED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, IMPLIED <br /> WARRANTIES OF MERCHANTABILITY OR FITNESS OF ANY COMPONENT,MODULE OR EQUIPMENT FOR <br /> A PARTICULAR PURPOSE, <br /> Definitions <br /> 1. "Software Support and Maintenance shall mean the level of confidence that software is free from <br /> vulnerabilities,either intentionally designed into the software or accidentally inserted at any time <br /> during its life cycle and that the software functions in the intended manner," <br /> 2. "Annual Maintenance Fee" is set forth in the Contract. <br /> 3. "Documentation"shall mean the manual(s)relating to the use of the Solution delivered by ATIMS. <br /> 4. "Error" means an error/malfunction bug in the Solution which degrades the Solution or the <br /> customer's use of the Solution. <br /> 5. "Correction" means the use of reasonable commercial efforts. <br /> 6. "Licensor Product Errors" Shall mean the failure of Licensor Software to conform in a material <br /> respect to the Licensor Product Documentation. <br /> 7. "Solution" means the software and/or hardware provided by, or supported by ATIMS and <br /> specifically listed in the Contract. <br /> 8. "Workaround" means a change in the procedures followed or data supplied by Customer to avoid <br /> an Error without substantially impairing Customer's use of the Solution. <br /> 9. "Customer"or"Licensee" means the entity or person identified as the Customer in the Contract. <br /> 10. "Software" is a program or programs that enables a computer to perform a specific task, including <br /> application software,which enables a user to perform a task,and system software,which enables <br /> other software to run properly, by interfacing with hardware and with other software <br /> 11. "Licensor" means the manufacturer of the Software. <br /> 12. "Incident" means Software or Solution is not performing in accordance with the documentation. <br /> AI'IM S Professional 5F'olices arrrl sul)pot 8 u 5 <br /> ',,t'' !-fff.1'�r ..'.-r`�; 'F_ ,:;rr :`iv.•h N. -,.. ..i. .. .. ,__, _ __ _ <br /> i <br />