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Subscription Services Agreement v.10.18.18
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<br />can provide any assurance of individual privacy in connection with the Solution. Further, Customer is
<br />solely responsible for determining whether and how to use data gathered from social media sources for
<br />the purpose of criminal investigations or prosecution as CC Vault does not utilize social media. Customer
<br />will hold Motorola harmless from any and all liability, expense, judgment, suit, or cause of action, which
<br />may accrue against Motorola for causes of action for damages related to tracking, location based
<br />services, breach of privacy, and the use or misuse of PII provided that Motorola gives Customer prompt,
<br />written notice of any such claim or suit. Motorola shall cooperate with Customer in its defense or
<br />settlement of such claim or suit.
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<br />10.3 Social Media. If Customer purchases Subscription Services that utilize social media, Customer
<br />acknowledges and agrees that such Subscription Services are not designed to ensure individual privacy.
<br />In such case, Customer will inform Users that the Solution and Subscription Services may enable visibility
<br />to PII, as well as physical location of individuals. Further, if the Solution or Subscription Services are
<br />available to the general public pursuant to this Agreement, Customer will provide the appropriate privacy
<br />notification. Neither Motorola nor Customer can provide any assurance of individual privacy in connection
<br />with the Solution or Subscription Services utilizing social media. Further, Customer is solely responsible
<br />for determining whether and how to use data gathered from social media sources for the purpose of
<br />criminal investigations or prosecution. Customer will hold Motorola harmless from any and all liability,
<br />expense, judgment, suit, or cause of action, which may accrue against Motorola for causes of action for
<br />damages related to tracking, location based services, breach of privacy, and the use or misuse of PII
<br />provided that Motorola gives Customer prompt, written notice of any such claim or suit. Motorola shall
<br />cooperate with Customer in its defense or settlement of such claim or suit.
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<br />10.4 Misuse. Motorola reserves the right to discontinue service at any time without notice to Users
<br />that misuse the Service, jeopardize the Licensed Product or public safety in any way.
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<br />11. LIMITATION OF LIABILITY
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<br />11.1 Liability Limit. Except for personal injury or death, Motorola's total liability, whether for breach of
<br />contract, warranty, negligence, strict liability in tort, or otherwise, will be limited to the direct damages
<br />recoverable under law, but not to exceed the price of twelve (12) months of Subscription Services
<br />provided under this Agreement. ALTHOUGH THE PARTIES ACKNOWLEDGE THE POSSIBILITY OF
<br />SUCH LOSSES OR DAMAGES, THEY AGREE THAT MOTOROLA WILL NOT BE LIABLE FOR ANY
<br />COMMERCIAL LOSS; INCONVENIENCE; LOSS OF USE, TIME, DATA, GOODWILL, REVENUES,
<br />PROFITS OR SAVINGS; OR OTHER SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL
<br />DAMAGES IN ANY WAY RELATED TO OR ARISING FROM THIS AGREEMENT OR THE
<br />PERFORMANCE OF THE SUBSCRIPTION SERVICES BY MOTOROLA. This limitation of liability
<br />provision survives the expiration or termination of this Agreement and applies notwithstanding any
<br />contrary provision. No action for contract breach or otherwise relating to the transactions contemplated
<br />by this Agreement may be brought more than one (1) year after the accrual of the cause of action, except
<br />for money due upon an open account.
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<br />11.2 Additional Disclaimers. MOTOROLA DISCLAIMS ANY AND ALL LIABILITY FOR ANY AND
<br />ALL LOSS OR COSTS OF ANY KIND ASSOCIATED WITH 1) THE INTERRUPTION, INTERFERENCE
<br />OR FAILURE OF CONNECTIVITY, VULNERABILITIES OR SECURITY EVENTS, WHETHER OR NOT
<br />THEY ARE DISCOVERED BY MOTOROLA; 2) PERFORMANCE OF CUSTOMER’S EXISTING
<br />EQUIPMENT AND SOFTWARE OR ACCURACY OF CUSTOMER DATA; 3) IF ANY PORTION OF THE
<br />SOLUTION OR LICENSED PRODUCT RESIDES ON CUSTOMER’S PREMISES, DISRUPTIONS OF
<br />AND/OR DAMAGE TO CUSTOMER’S OR A THIRD PARTY’S INFORMATION SYSTEMS, EQUIPMENT,
<br />AND THE INFORMATION AND DATA, INCLUDING, BUT NOT LIMITED TO, DENIAL OF ACCESS TO A
<br />LEGITIMATE SYSTEM USER, AUTOMATIC SHUTDOWN OF INFORMATION SYSTEMS CAUSED BY
<br />INTRUSION DETECTION SOFTWARE OR HARDWARE, OR FAILURE OF THE INFORMATION
<br />SYSTEM RESULTING FROM THE PROVISION OR DELIVERY OF THE SERVICE; 4) AVAILABILITY
<br />OR ACCURACY OF SOLUTION DATA; 5) INTERPRETATION, USE OR MISUSE IN ANY WAY OF
<br />SOLUTION DATA; 6) IMPLEMENTATION OF RECOMMENDATIONS PROVIDED IN CONNECTION
<br />WITH THE SUBSCRIPTION SERVICES; 7) TRACKING, AND LOCATION BASED SERVICES, BREACH
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