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inquired, at its own, cost, liability, and expense to obtain a protective order, injunctive relief or other appropriate remedy from a
<br />court having jurisdiction over the matter at least two (2) days before Customer's deadline to respond to the CPRA request. If
<br />Hyland fails to obtain such a remedy before the deadline for Customer's response to the CPRA request, Customer will disclose
<br />the requested information and shall not be liable or responsible for such disclosure.
<br />4. OWNERSHIP AND PROHIBITED ACTS.
<br />4.1 Ownership. Hyland and its suppliers own the Software, Work Products, Documentation and Innovations, including,
<br />without limitation, any and all worldwide copyrights, patents, trade secrets, trademarks and proprietary and confidential
<br />information rights in or associated with the foregoing. The Software, Documentation, and Work Products are protected by
<br />copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. No ownership rights
<br />in the Software, Innovations or Work Products are transferred to Customer. Customer agrees to take all reasonable steps to
<br />protect all Work Products and Innovations, and any related Documentation, delivered by Hyland to Customer trader this
<br />Agreement from unauthorized copying or use. Customer agrees that nothing in this Agreement or associated documents gives it
<br />any right, title or interest in the Software or Work Products, except for the limited express rights granted in a Software License
<br />Schedule — Perpetual or a Software License and Maintenance Schedule — Subscription. Customer acknowledges and agrees that,
<br />with respect to Hyland's end users generally, Hyland has the right, at any time, to change the specifications and operating
<br />characteristics of the Software, and Hyland's policies respecting Upgrades and Enhancements (including but not limited to its
<br />release process); however, Customer reserves the right to determine when to apply changes to the software residing on Customer
<br />premises so as to minimize user disruption and the need for immediate additional training. THIS AGREEMENT IS NOT A
<br />WORK -FOR -HIRE AGREEMENT.
<br />4.2 Prohibited Acts. Customer agrees not to: (a) remove copyright, trademark or other proprietary rights notices that
<br />appear on or during the use of the Software, Work Products, Documentation or Third Party Software; (b) sell, transfer, rent, lease
<br />or sub -license the Software, Work Products, Documentation, Third Party Software, or Third Party Software documentation to any
<br />third party; (c) except as expressly permitted with respect to Work Products, alter or modify the Software, Work Products,
<br />Documentation or Third Party Software; or (d) reverse engineer, disassemble, decompile or attempt to derive source code from
<br />the Software, Work Products, Documentation or Third Party Software, or prepare derivative works therefrom.
<br />5. DISCLAIMER OF WARRANTIES.
<br />5.1 EXCEPT FOR THE WARRANTIES PROVIDED BY HYLAND AS EXPRESSLY SET FORTH IN THE
<br />SCHEDULES MADE PART OF THIS AGREEMENT, HYLAND AND ITS SUPPLIERS MAKE NO WARRANTIES OR
<br />REPRESENTATIONS REGARDING ANY SOFTWARE, HOSTED SOLUTION (INCLUDING ANY SOFTWARE OR
<br />HARDWARE), WORK PRODUCTS, INNOVATIONS, INFORMATION, MAIN'T'ENANCE AND SUPPORT, HOSTING
<br />SERVICES, PROFESSIONAL SERVICES OR ANY OTHER SERVICES PROVIDED UNDER THIS AGREEMENT OR
<br />ANY SERVICES PROPOSAL. HYLAND AND ITS SUPPLIERS DISCLAIM AND EXCLUDE ANY AND ALL OTHER
<br />EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF
<br />GOOD TITLE, WARRANTIES AGAINST INFRINGEMENT, THE IMPLIED WARRANTIES OF MERCHANTABILITY
<br />AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTIES THAT MAY ARISE OR BE DEEMED TO ARISE
<br />FROM ANY COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE. EXCEPT FOR THE
<br />WARRANTIES PROVIDED BY HYLAND AS EXPRESSLY SET FORTH IN THE SCHEDULES MADE PART OF THIS
<br />AGREEMENT, HYLAND AND ITS SUPPLIERS DO NOT WARRANT THAT ANY MAINTENANCE AND SUPPORT,
<br />HOSTING SERVICES, PROFESSIONAL SERVICES, SOFTWARE OR WORK PRODUCTS PROVIDED WILL SATISFY
<br />CUSTOMER'S REQUIREMENTS OR ARE WITHOUT DEFECT OR ERROR, OR THAT THE OPERATION OF ANY
<br />SOFTWARE OR ANY WORK PRODUCTS PROVIDED UNDER THIS AGREEMENT WILL BE UNINTERRUPTED.
<br />EXCEPT AS EXPRESSLY STATED IN A HOSTING SCHEDULE, HYLAND DOES NOT ASSUME ANY LIABILITY
<br />WHATSOEVER WITH RESPECT TO ANY THIRD PARTY HARDWARE, FIRMWARE, SOFTWARE OR SERVICES,
<br />OTHER THAN THIRD PARTY SOFTWARE EMBEDDED IN THE SOFTWARE AND SERVICES PROVIDED BY
<br />CONTRACTORS OF HYLAND.
<br />5.2 CUSTOMER SPECIFICALLY ASSUMES RESPONSIBILITY FOR THE SELECTION OF THE SOFTWARE,
<br />WORK PRODUCTS, MAINTENANCE AND SUPPORT, HOSTING SERVICES AND PROFESSIONAL SERVICES TO
<br />ACHIEVE ITS BUSINESS OBJECTIVES.
<br />5.3 HYLAND MAKES NO WARRANTIES WITH RESPECT TO ANY SOFTWARE OR WORK PRODUCTS USED
<br />IN ANY NON -PRODUCTION SYSTEM AND PROVIDES ANY SUCH SOFTWARE AND WORK PRODUCTS "AS IS."
<br />5.4 No oral or written information given by Hyland, its agents, or employees shall create any additional warranty. No
<br />modification or addition to the limited warranties set forth in this Agreement is authorized unless it is set forth in writing,
<br />references this Agreement, and is signed on behalf of Hyland by a corporate officer.
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