Reso 2006-919 - Laserfiche WebLink

Home Browse Search

City of Sunny Isles Beach 18070 Collins Avenue, Sunny Isles Beach, Florida 33160 (305) 947-0606 phone (305) 949-3113 Fax 7.2 The Vendor Programs are and shall remain the sole property of SunGard, regardless of whether Customer, its employees, or contractors may have contributed to the conception of such work, joined in the effort of its development, or paid SunGard for the use of the work product. Customer shall from time to time take any fUl1her action and execute any f1l11her instrument, including documents of assignment or acknowledgment that SunGard may reasonably request in order to establish and protect its exclusive ownership rights in such works. Customer shall not asse11 any right, title, or interest in such works, except for the non-exclusive right of use granted to Customer at the time of its delivery or on-site development. SECTION 8 DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY 8,1 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 prope11y, including damage to Customer's data or server, SunGard shall indenmify 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. 8.2 Except for SunGard's obligations to indemnify the Customer under infringement actions 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, excluding any fees associated with SunGard project management and related out-of-pocket expenses. 8.3 No action, whether based on contract, strict liability, or tort, including any action based on negligence, arising out of the performance of services under this Agreement, may be brought by either party more than one (1) year after such cause of action accrued. 8.4 SUNGARD DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED AND REPRESENTATIONS WITH RESPECT TO THE LICENSED PROGRAM, INCLUDING ITS CONDITION, ITS CONFORMITY TO ANY REPRESENT A nON OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND ITS MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE. 9 C0506-45-2 SunGard Licensed Program(s) Support Consultant Agreement SIB