|
DocuSign Envelope ID:6238A53D-OA42-4044-8114-B0293B0548FF
<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.
<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.
<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.
<br /> 11. LIMITATION OF LIABILITY
<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.
<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
<br /> Subscription Services Agreement v.10.18.18
<br /> 7
<br />
|