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Springshare License Agreement—Santa Ana Public Library (CA)5 of 8 <br /> of the applicable content owner and may be protected by applicable law. This License gives <br /> you rights to use such content only within this Software. <br /> TERMINATION: This License shall be terminated if either Party commits a material or persistent <br /> breach of any term of this License and fails to remedy that breach (if capable of remedy) within <br /> thirty (30) days of notification in writing by the other Party. Either Party may terminate this <br /> License for any reason upon thirty (30) days written notice to the other Party. Upon termination, <br /> Licensee must cease using the Software and any continued use of Software by Licensee after <br /> termination shall be unauthorized. <br /> If Licensor is unable to service the Software until the end of the subscription period, or if <br /> Licensor unilaterally terminates the agreement, Licensor will provide a pro-rated refund to <br /> Licensee of the paid but unused subscription period, rounded up to the nearest full month. If <br /> Licensee unilaterally terminates this Agreement, the Licensee forfeits the right to the pro-rated <br /> refund of the unused subscription fees. <br /> OWNERSHIP OF DATA: Licensor does not own any data, information, or material that Licensee <br /> submits to the Software ("Customer Data"). Licensee, not Licensor, shall have sole responsibility <br /> for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property <br /> ownership or right to use of all Customer Data, and Licensor shall not be responsible or liable <br /> for the deletion, correction, destruction, damage, loss, or failure to store any Customer Data. <br /> Licensor agrees to only use Customer Information for the purposes of operating the Software <br /> and agrees to never resell, rent, or otherwise provide Customer Data to any third party unless <br /> specifically for the purposes of operating the Software to perform services under this <br /> Agreement. These restrictions shall not apply with respect to any confidential information of <br /> Licensee to the extent such confidential information: (a) is or has become generally publicly <br /> known or available other than by any act or omission of Licensor; (b) was rightfully known by <br /> Licensor before the time of first disclosure to Licensor by Licensee; (c) is rightfully obtained <br /> without restriction from a third party who has the right to make such disclosure and without <br /> breach of any duty of confidentiality to Licensee; or (d) is independently developed by Licensor <br /> without use of, reliance upon or reference to any confidential information of Licensee. <br /> In the event this Agreement is terminated, Licensor will make available to Licensee a file of the <br /> Customer Data in XML format within 30 days of termination if requested at the time of <br /> termination. Licensor agrees that it will delete Customer Data within 31 days of termination. <br /> Licensor will not be responsible for damages or for delays or failures in performance resulting <br /> from acts or occurrences beyond their reasonable control. Licensor's services may be subject to <br /> limitations, delays, and other problems inherent in the use of the Internet and electronic <br /> communications. Licensor is not responsible for any delays, delivery failures, or other damage <br /> resulting from such problems. <br /> Version 24004 <br />