Orange County NC Website
Browse       Search
DocuSign Envelope ID: D1041CA6-DBD4-42BE-8B32-7C592BF2BA15 <br /> option, suspend the provision of Subscription Services, or terminate this <br /> Agreement. <br /> 5. Protection of Intellectual Property Rights: Except for the use of the Software as <br /> provided in this Agreement,the Company retains the ownership of all copyrights and other <br /> intellectual property rights associated with the Software. <br /> 6. Data: <br /> A. The Company shall take commercially reasonable precautions to prevent <br /> unauthorized access to the Customer's data and to maintain the confidentiality of <br /> the Customers Data. <br /> B. Customer warrants that as of the date of this Agreement, none of the databases <br /> associated with the Subscription Services contain protected health information as <br /> that term is defined in the Health Insurance Portability and Accountability Act <br /> ("PHI"). <br /> C. Following the execution of this Agreement, Customer shall not enter PHI into any <br /> of the databases associated with the Subscription Services. <br /> D. Customer shall review and validate the accuracy and completeness of the data <br /> resulting from Customer's use of the Subscription Services. <br /> E. The Company disclaims any representation, warranty, or guaranty as to the <br /> reliability, timeliness, quality, suitability, truth, availability, accuracy or <br /> completeness of the data and content resulting from Customer's use of the <br /> Subscription Services. <br /> 7. Indemnification: The Customer shall indemnify and hold the Company harmless from <br /> any claims or causes of action that arise from or are associated with the content of the <br /> Customer's database. <br /> 8. Company Warranties: The Company makes the following warranties and disclaimers to <br /> the Customer: <br /> A. The Company has developed and is the owner of the Software, and has the right to <br /> provide Subscription Services to the Customer. <br /> B. The functionality of the Software reasonably conforms to the standards set forth in <br /> the documentation supplied with the Software. <br /> C. The Company disclaims all other warranties, express or implied, including <br /> merchantability and fitness for use of the Software. <br /> 9. Customer Warranties: The Customer makes the following warranties to the Company: <br /> 3 <br /> ©TMA Systems,LLC 01/01/16—NC X <br />