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 threatened breach by the Customer of the provisions of this paragraph, SunGard has no adequate remedy in money damages, and, accordingly, shall be entitled, without bond, to an injunction against such breach or threatened breach. Notwithstanding SunGard's proprietary and security interests, this provision is subject to the disclosure requirements of Chapter 119, Florida Statutes. VIII. WARRANTY SunGard warrants that for a period of twelve (12) months after the delivery of the first major module (such as Base CAD, RMS, JAIL or Mobile) of the Licensed Program(s) listed in the Supplement(s) will perform in substantial compliance with the reference documentation supplied by SunGard, provided the Licensed Program(s) are used in the proper operating environment. SunGard does not wan-ant that the functions contained in the Licensed Program(s) will meet the Customer's requirement or will operate in the combinations which may be selected for use by the Customer after the twelve month period. SunGard shall be responsible only for the Licensed Program(s) and products as originally supplied to Customer, and for changes made to the Licensed Program(s) by SunGard's authorized representatives. SunGard will not be responsible for the consequences of attempts at changes or modifications to the products and Licensed Program(s) made by the Customer or any other unauthorized pm1y. SunGard warrants that it has the right to license the SunGard Licensed Program(s) listed in the Supplement(s) and that the SunGard Licensed Program(s) does not infringe any intellectual property of any third party. SunGard agrees to indemnify Customer against expenses, including reasonable attorneys' fees, and liability arising from any claim of infringement related to SunGard Licensed Program(s) provided SunGard shall have the right to control the defense or settlement of any such claim. If use of the SunGard Licensed Program(s) by the Customer is enjoined by any infringement proceeding, SunGard shall, if possible, obtain without unreasonable expense the right of license for the Customer to use the SunGard Licensed Program(s) or if that is not possible, SunGard shall refund to the Customer the license fee(s) paid under this Agreement for the particular Licensed Program(s) that is determined to be infringing. SunGard does not make any representations or warranties with respect to intellectual property rights of any third party products. Any such representations or warranties are made solely by the Vendor of such products, and shall not be construed as a wan'anty with respect to infringement and the like by SunGard. SUNGARD MAKES NO WARRANTIES, OTHER THAN AS STATED HEREIN, WITH RESPECT TO THE PARTICULAR LICENSED PROGRAM(S), EITHER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. 6 COS06-4S-1 SunGard Software License and Services Agreement SIB