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records, documents, or things created for, used in, or related to the performance of this Agreement are
<br />Proprietary in nature and therefore not subject to Disclosure under North Carolina Public Records Laws
<br />FacilityDude.com shall identify in writing those records, documents, or things prior to the
<br />commencement date of this Agreement.
<br />All data entered into the FacilityDude.com systems by our customers are owned and available to our
<br />customers by generating reports through the application interfaces. The customers can extract their
<br />data for copying and inspection by generating reports using the application interfaces provisioned
<br />through the purchased services. Data not accessible, not public, and protected as proprietary
<br />information to FacilityDude.com include data generated from formulas created by FacilityDude.com,
<br />source code, workflow logic, storage technology, anything not entered or generated by the customer. If
<br />a customer discontinues the purchased services, their public data may or may not be available, as
<br />FacilityDude.com is not obligated to maintain historical records for canceled services, except as provided
<br />herein.
<br />Should a public records request be made for information the FacilityDude.com claims is Proprietary in
<br />nature, County will, within a reasonable time, notify FacilityDude.com of such public records request.
<br />FacilityDude.com shall, within five (5) business days of said notification provide Notice pursuant to
<br />Section 11(i) that it does or does not object to the County disclosing the requested information pursuant
<br />to the subject public records request.
<br />If FacilityDude.com objects to the disclosure of the requested information, FacilityDude.com agrees that
<br />it shall be solely responsible for the defense of and the cost of defending any claim or complaint against
<br />the County based upon the County's refusal to disclose information FacilityDude.com claims is
<br />Pro{~rietary in nature. FacilityDude.com agrees that if any such complaint or claim is filed it will
<br />indemnify County and will reimburse County for any and all damages awarded against County for
<br />County's refusal to disclose information FacilityDude.com claims is proprietary in nature.
<br />FacilityDude.com agrees that it releases County from all loss, liability, claims or expense, including
<br />attorney's fees, arising out of or related to the release or disclosure or failure by the County to release
<br />or disclose information FacilityDude.com claims is Proprietary in nature. FacilityDude.com further
<br />agrees that it waives the right to file any court action for any such release, disclosure, or failure to
<br />release or disclose information FacilityDude.com claims is Proprietary in nature.
<br />Except for the licenses granted herein, you have no right, title or interest in or to the Service or any
<br />Content and FacilityDude.com or its licensors retain all proprietary right, title and interest, including
<br />copyright and all other intellectual property rights, in and to the Service and Content, including, without
<br />limitation, stories, articles, text, images, and other multimedia data. FacilityDude.com and/or other
<br />FacilityDude.com products and services referenced herein are either trademarks or registered
<br />trademarks of FacilityDude.com. The names of other companies and products mentioned herein may be
<br />the trademarks of their respective owners.
<br />Indemnification
<br />You shall indemnify and hold FacilityDude.com, its licensors, and each such party's parents, subsidiaries,
<br />affiliates, officers, directors, employees, attorneys, and agents, harmless from and against any and all
<br />claims, costs, damages, losses, liabilities, and expenses (including attorneys' fees and costs) arising out
<br />of or in connection with your use of the Service (including the Content) or breach of this Agreement.
<br />County will honor all indemnity provisions under the Agreement only to the maximum extent permitted
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