Reso 2006-919 - Laserfiche WebLink

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City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (30S) 947-0606 phone (30S) 949-3113 Fax IX. COpy AND USE Customer shall have the right to use the Licensed Program(s) in equipment or systems supplied or approved by SunGard while this Agreement is in effect. Customer shall have the right to make copies of the Licensed Program(s) and the associated reference documentation for archival and/or backup purposes only. Any copies made by Customer shall be the property of SunGard. X. LIMITATION OF LIABILITY AND REMEDIES To the extent permitted by law, and to the extent provided for under this Agreement, for claims related to bodily injury, death and damage to real property and tangible personal property, SunGard shall indemnify and hold harmless the Customer from and against all direct damages and costs of any kind, including but not limited to reasonable attorney fees, arising out of or resulting from any negligent acts, or negligent omissions of SunGard, regardless of whether such claims are caused in part by any party indemnified hereunder, but not to the extent that the Customer is legally liable for such damages and costs. In no event, however, will SunGard be liable for any consequential damages, including lost profits, savings or re-procurement costs, even if SunGard has been advised of their possibility. Except for SunGard's obligations to indemnify the Customer under infringement actions, as noted in Sections VIII and XI of this Agreement, and claims for personal injury or damages to real or tangible personal property caused by SunGard's negligence as noted above, SunGard's liability for damages to the Customer for any cause whatsoever under this Agreement, regardless of the form of action, is limited to the total amount of fees paid by Customer under this Agreement for SunGard Licensed Program(s) and services, not including any fees associated with SunGard project management and related out-of-pocket expenses. In situations involving performance or nonperformance of Licensed Program(s) furnished under this Agreement, the Customer's remedy is (1) the correction by SunGard of Licensed Program defects, or (2) if, after repeated efforts, SunGard is unable to make the Licensed Program(s) operate as warranted, the Customer shall be entitled to recover actual, direct damages to the limits set forth in this section upon the return or complete destruction of the Licensed Program(s) for which damages are sought. XI. PATENT AND COPYRIGHT INDEMNITY SunGard will, at its expense, defend the Customer against any claim that the SunGard Licensed Program(s) supplied hereunder infringe a U. S. patent or copyright, and SunGard will pay all costs, damages and attorney's fees that a court finally awards as a result of such claim. To qualify for such defense and payment, the Customer must: a. Give SunGard prompt written notice of any such claim, and 7 COS06-4S-1 SunGard Software License and Services Agreement SIB