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<br />
<br />Blazestack Inc.
<br /> 907 Ranch Rd 620 S # 302, Lakeway, TX 78734
<br />hello@blazestack.com
<br />(855) 735-6673
<br />
<br />CONFIDENTIAL
<br />Last updated: October 10, 2023
<br />
<br />
<br />will not relieve Customer of its obligation to pay any
<br />Fees owed for the period prior to the Termination
<br />Date.
<br />
<br />8. WARRANTIES AND DISCLAIMERS;
<br />INDEMNIFICATION; INSURANCE.
<br />
<br />8.1. Mutual Warranties. Each party represents that it:
<br />(i) has the legal power to enter into this Agreement;
<br />(ii) will comply with all applicable laws in
<br />relationship to the provision and use of the Service
<br />during the Term; and (iii) will use reasonable efforts
<br />to avoid transmitting to the other party any harmful
<br />or malicious code, files, scripts, agents or programs.
<br />
<br />8.2. Warranty Disclaimer. Blazestack does not make
<br />any representations that the functions performed by
<br />the Service will meet all of Customer’s requirements,
<br />that the operation of the Service will be uninterrupted
<br />or error free, that all defects in the Service will be
<br />corrected, or that the Service will be available in all
<br />languages or all countries.
<br />
<br />THE SERVICE IS PROVIDED “AS IS.” EXCEPT
<br />AS EXPRESSLY PROVIDED HEREIN,
<br />BLAZESTACK MAKES NO WARRANTIES OF
<br />ANY KIND, WHETHER EXPRESS, IMPLIED,
<br />STATUTORY OR OTHERWISE, AND
<br />SPECIFICALLY DISCLAIMS ALL IMPLIED
<br />WARRANTIES, INCLUDING BUT NOT LIMITED
<br />TO ANY WARRANTIES OF
<br />MERCHANTABILITY, NON-INFRINGEMENT
<br />OR FITNESS FOR A PARTICULAR PURPOSE,
<br />TO THE MAXIMUM EXTENT PERMITTED BY
<br />APPLICABLE LAW. SPECIFICALLY, THIRD
<br />PARTY CONTENT AND TEST FEATURES ARE
<br />PROVIDED “AS IS,” EXCLUSIVE OF ANY
<br />WARRANTY. EACH PARTY DISCLAIMS ALL
<br />LIABILITY AND INDEMNIFICATION
<br />OBLIGATIONS FOR ANY HARM OR DAMAGES
<br />CAUSED BY ANY THIRD-PARTY
<br />NETWORKING OR HOSTING PROVIDERS OR
<br />THIRD-PARTY PRODUCTS.
<br />
<br />8.3 Indemnification. Customer shall indemnify,
<br />defend, and hold harmless the Company and its
<br />officers, directors, employees, agents, successors, and
<br />assigns against all losses arising out of or resulting
<br />from any third party claim, suit, action, or proceeding
<br />related to or arising out of or resulting from: (i)
<br />Customer’s (or its User’s) breach of any
<br />representation, warranty, covenant, or obligation
<br />under this Agreement, (ii) all matters related to any
<br />Report, (iii) the transmission of harmful or malicious
<br />code, files, scripts, agents or programs by or through
<br />Customer (or its Users), (iv) any intellectual property
<br />infringement or other matter resulting from the
<br />Customer’s Data, or (v) any acts or omissions of
<br />Customer (or its Users). Blazestack agrees to defend,
<br />indemnify and hold harmless the County from all
<br />third-party loss, liability, claims or expense,
<br />including attorney's fees, arising out of or related to
<br />the Service arising from real or tangible property
<br />damage or bodily injury including death to any
<br />person or persons caused in whole or in part by the
<br />negligence or intentional misconduct of Blazestack
<br />except to the extent same are caused by the
<br />negligence or willful misconduct of Customer.
<br />
<br />8.4 Insurance. Blazestack shall obtain, at its sole
<br />expense, (i) Commercial General Liability Insurance
<br />with a $1,000,000 limit per incident and $2,000,000
<br />in the aggregate; and (ii) Cyber Insurance with a
<br />$1,000,000 limit per incident and in the aggregate.
<br />
<br />9. LIMITATION OF LIABILITY
<br />
<br />9.1 Limitation of Liability. IN NO EVENT WILL
<br />EITHER PARTY’S AGGREGATE LIABILITY
<br />ARISING OUT OF OR RELATED TO THIS
<br />AGREEMENT, WHETHER IN CONTRACT,
<br />TORT OR UNDER ANY OTHER THEORY OF
<br />LIABILITY, EXCEED THE TOTAL AMOUNT
<br />PAID BY CUSTOMER HEREUNDER IN THE 12
<br />MONTHS PRECEDING THE INCIDENT GIVING
<br />RISE TO THE LIABILITY. THE FOREGOING
<br />LIMITATIONS WILL NOT APPLY TO
<br />CUSTOMER’S PAYMENT OBLIGATIONS OR
<br />CUSTOMER’S WILLFUL MISCONDUCT,
<br />FRAUD, NEGLIGENCE, OR INDEMNIFICATION
<br />OBLIGATIONS.
<br />
<br />9.2. Exclusion of Consequential and Related
<br />Damages. IN NO EVENT WILL EITHER PARTY
<br />HAVE ANY LIABILITY TO THE OTHER PARTY
<br />FOR ANY LOST PROFITS OR REVENUES OR
<br />FOR ANY OTHER CONSEQUENTIAL,
<br />INCIDENTAL, INDIRECT, SPECIAL, COVER OR
<br />PUNITIVE DAMAGES, HOWEVER CAUSED,
<br />WHETHER IN CONTRACT, TORT OR UNDER
<br />ANY OTHER THEORY OF LIABILITY, AND
<br />WHETHER THE PARTY HAS BEEN ADVISED
<br />DocuSign Envelope ID: 734E1500-672D-4C8F-8142-2CAAC72A015BDocuSign Envelope ID: 372F227B-55C8-4AAD-815D-E45370F3BFDC
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