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2012-137 IT - Nextpoint for Social Media Archiving $4040
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2012-137 IT - Nextpoint for Social Media Archiving $4040
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8/6/2012 3:06:12 PM
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6/20/2012 10:20:08 AM
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Date
6/19/2012
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Work Session
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Contract
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2012-137 S IT - Nextpoint Social Media Archiving $4,040
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the Third Parry Sites or Content. <br />33. You acknowledge and agree that the provision of access to and the listing of <br />any Third Party Content (including any third party websites available through the <br />Service) shall not constitute or imply any endorsement by Nextpoint of such <br />Third Party Content. <br />34. You understand that by accessing and using the Service, you may encounter <br />information, materials and subject matter (i) that you or others may deem <br />offensive, indecent, or objectionable; (ii) which may or may not be identified as <br />having explicit language and (iii) that automatically and unintentionally may be <br />displayed on the Service. Notwithstanding the foregoing, you agree to use the <br />Third Party Content at your sole risk and that Nextpoint shall have no liability to <br />you for information, material or subject matter that is found to be offensive, <br />indecent or objectionable. <br />35• THE CLOUD PRESERVATION SERVICE IS PROVIDED "AS IS ". EXCEPT <br />FOR THE SPECIFIC COMMITMENTS MADE IN THIS AGREEMENT, <br />NEXTPOINT DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES <br />AND GUARANTIES REGARDING THE CLOUD PRESERVATION SERVICE, <br />WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, <br />WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF <br />MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON - <br />INFRINGEMENT. <br />Indemnification; limitations of liability <br />36. To the extent permitted by applicable law, you shall indemnify, defend and <br />hold harmless Nextpoint from and against any claim, proceeding, loss, damage, <br />fine, penalty, interest and expense (including, without limitation, reasonable fees <br />for attorneys) arising out of or in connection with the following (i) your breach of <br />this Agreement; (ii) (ii) your negligence or willful misconduct; (iii) your violation <br />of the rights of a third party, including violation of the Terms of Use of Third <br />Parry Sites or the infringement by you of any intellectual property or <br />misappropriation of any proprietary right or trade secret of any person or entity. <br />These obligations will survive any termination of the License. <br />37. In no event shall any party be liable to the other party or to any third party for <br />any incidental, indirect, special, exemplary or consequential damages arising <br />from or in connection with the inability to use the Cloud Preservation Service or <br />the Hosting Services, or any content obtained through or maintained by the <br />Service or your transfer of data, (including, but not limited to, damages or costs <br />incurred as a result of lost profits, loss of data or information, interruption of <br />business, cost of replacement goods or software, loss of goodwill, or other <br />financial loss). Nextpoint shall not be liable under any circumstance for any claim <br />that exceeds the value of the funds you have paid to Nextpoint under this <br />Agreement. <br />38. Nextpoint acknowledges that County is a North Carolina local governmental <br />entity and the Content that is the subject of this agreement may be deemed <br />a "public record" pursuant to North Carolina Public Records Laws. Nextpoint <br />agrees to indemnify and hold harmless the County, its officers, employees, <br />4043 N. RAVENSWOOD AVENUE • CHICAGO IL • 6o613 NEXTPOINT.COM <br />
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