Orange County NC Website
Revised 01/24 Granicus 2025 <br />7 <br />g.Ownership of Work Product. Should Provider’s performance of this Agreement generate <br />documents, items or things that are specific to this Project such documents, items or things <br />shall become the property of the County and may be used on any other project without <br />additional compensation to the Provider. The use of the documents, items or things by the <br />County or by any person or entity for any purpose other than the Project as set forth in this <br />Agreement shall be at the full risk of the County. <br />h.Non-Appropriation. Provider acknowledges that County is a governmental entity, and the <br />validity of this Agreement is based upon the availability of public funding under the <br />authority of its statutory mandate. <br />In the event that public funds are unavailable or not appropriated for the performance of <br />County’s obligations under this Agreement, then this Agreement shall automatically <br />expire without penalty to County immediately upon written notice to Provider of the <br />unavailability or non-appropriation of public funds. It is expressly agreed that County shall <br />not activate this non-appropriation provision for its convenience or to circumvent the <br />requirements of this Agreement. <br />In the event of a change in the County’s statutory authority, mandate or mandated <br />functions, by state or federal legislative or regulatory action, which adversely affects <br />County’s authority to continue its obligations under this Agreement, then this Agreement <br />shall automatically terminate without penalty to County upon written notice to Provider <br />of such limitation or change in County’s legal authority. <br />i.Signatures. This Agreement together with any amendments or modifications may be <br />executed electronically. All electronic signatures affixed hereto evidence the consent of <br />the Parties to utilize electronic signatures and the intent of the Parties to comply with <br />Article 11A and Article 40 of North Carolina General Statute Chapter 66. <br />j.Licensing. Provider products and services are purchased by County as subscriptions. <br />Provider hereby grants and County hereby accepts, solely for its internal use, a worldwide, <br />revocable, non-exclusive, non-transferrable right to use the Provider products and services <br />during the term of this Agreement. Provider reserves all right, title and interest in the <br />Provider products and services, the documentation and resulting product including all <br />related intellectual property rights. No implied licenses are granted to County. The <br />Provider name, logo, and the product names are trademarks of Provider, and no right or <br />license is granted to use them. County assigns to Provider any suggestion, enhancement, <br />request, recommendation, correction or other feedback provided by County relating to the <br />use of the Provider products and services. County shall not: (i) Misuse any Provider <br />resources or cause any disruption, including but not limited to, the display of adult content, <br />advertisements, solicitations, or mass mailings to individuals who have not agreed to be <br />contacted; (ii) Use any process, program, or tool for gaining unauthorized access to the <br />systems, networks, or accounts of third parties; (iii) Use the Provider products and services <br />in a manner in which system or network resources are unreasonably denied to third parties; <br />(iv) Use the products and services as a door or signpost to another server; (v) Access or <br />use any portion of Provider products and services except as expressly allowed by this <br />Agreement; (vi) Disassemble, decompile, or otherwise reverse engineer all or any portion <br />of the Provider products and services; (vii) Use the Provider products and services for any <br />unlawful purposes; (viii) Export or allow access to the Provider products and services in <br />8