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' instrument, including documents of assignment or acknowledgment that OSSI may <br /> reasonably request in order to establish and perfect its exclusive ownership rights in such <br /> works. Customer shall not assert any right, title, or interest in such works, except for the <br /> ' non-exclusive right of use granted to Customer at the time of its delivery or on-site <br /> development. <br /> Section 8 <br /> tDISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY <br /> ' 8.1 OSSI disclaims all other warranties either expressed or implied and representations with <br /> respect to the licensed program, including its condition, its conformity to any representation <br /> or description, the existence of any latent or patent defects, and its merchantability or <br /> ' fitness for a particular use. <br /> 8.2 In no event shall OSSI's cumulative liability for any claim arising in connection with this <br /> Agreement exceed the total fees and charges paid to OSSI by Customer within the last <br /> twelve(12)months. <br /> 8.3 No action, whether based on contract, strict liability, or tort, including any action based on <br /> negligence, arising out of the performance of services under this Agreement, may be <br /> brought by either party more than one (1)year after such cause of action accrued. <br /> Section 9 <br /> ' TERMINATION <br /> ' 9.1 This Agreement may be terminated as follows: <br /> a. This Agreement shall immediately terminate upon the termination of the License ' <br /> ' Agreement; <br /> b. This Agreement may be terminated by either party upon the expiration of the then- <br /> current term of this Agreement,provided that at least 90 days prior written notice is <br /> given to the other party; or <br /> c. This Agreement may be terminated by either party upon 30 days prior written notice if <br /> the other party has materially breached the provisions of this Agreement and has not <br /> ' cured such breach within such notice period. <br /> 9.2 Following termination of this Agreement, OSSI shall immediately invoice Customer for all <br /> ' accrued fees and charges and all reimbursable expenses, and Customer shall pay the <br /> invoiced amount immediately upon receipt of such invoice. Customer may continue to use <br /> any work supplied to Customer by OSSI for the remaining term of the License Agreement. <br /> Application Software Support Agreement C- 9 <br />