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Spatialest Master Software and Services Agreement 22 <br /> <br />Subscription Services will conform, in all material respects, with its Documentation. Spatialest does not <br />warrant that it will be able to correct all reported defects or that use of the Subscription Services will be <br />uninterrupted or error free. Spatialest makes no warranty regarding features or services provided by third <br />parties. For any breach of the above warranty, Spatialest will, at no additional cost to Customer, provide <br />remedial services necessary to enable the Subscription Services to conform to the warranty. Customer <br />will provide Spatialest with a reasonable opportunity to remedy any breach and reasonable assistance in <br />remedying any defects. The remedies set out in this subsection are Customer’s sole remedies for breach <br />of the above warranty. Such warranty shall only apply if the Subscription Services has been utilized by <br />Customer in accordance with the Sales Order and this Agreement. SPATIALEST DOES NOT WARRANT <br />THAT THE OVERALL SYSTEM THAT MAKES THE SUBSCRIPTION SERVICES AVAILABLE (INCLUDING BUT <br />NOT LIMITED TO THE INTERNET, OTHER TRANSMISSION NETWORKS, AND CUSTOMER’S LOCAL <br />NETWORK AND EQUIPMENT) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. <br />5. Certification. At Spatialest’s written request and no more than once every twelve (12) months <br />during the Subscription Period, Customer shall provide Spatialest with a signed certification verifying that <br />the Subscription Services are being used pursuant to the provisions of this Agreement. Spatialest may <br />perform an audit of Customer’s use of the Subscription Services and Customer’s compliance with the <br />provisions of this Agreement. <br />6. Modifications to Subscription Services. Spatialest may make modifications to the Subscription <br />Services or components of the Subscription Services from time to time provided that such modifications <br />do not materially degrade any functionality or features of the Subscription Services. <br />7. Customer Content. Customer retains ownership of all right, title and interest in and to all Customer <br />Content. During the term of this Agreement, Customer hereby grants to Spatialest a limited, worldwide, <br />non-exclusive, non-transferable (except as set forth in Section 10.2 of the Agreement), royalty-free right <br />to use, display, transmit, and distribute the Customer Content solely as necessary to provide the <br />Subscription Services to Customer. Upon termination of the Subscription Services, Spatialest shall make <br />such Customer Content available to Customer in a mutually agreed upon format. Notwithstanding the <br />foregoing, Customer acknowledges and agrees that Spatialest shall have the right to copy, use, distribute, <br />and display any information, analysis, statistics and other data generated by the Subscription Services (or <br />derived from Customer’s use of the Subscription Services), including compilation of aggregated statistics <br />about the Subscription Services; provided, however, that Spatialest shall not publicly disclose or distribute <br />any such data unless such data is in an aggregated form that would not permit a third party to identify the <br />DocuSign Envelope ID: D64C7E68-26A4-4A46-BC30-54CE92CAE70D