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Agmt02 Recware Safari Software
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Agmt02 Recware Safari Software
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Last modified
7/5/2005 2:54:08 PM
Creation date
10/3/2002 3:24:01 PM
Metadata
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Template:
Agreement
Contractor Name
Recware Safari Software
PROJECT NAME
Active.com
RMP File Number
304
Date
9/23/2002
MO Ref
02-233
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include, but not limited to, a written or text message, viewable button, link, or other methods or combinations of <br /> these methods. Purchaser agrees to reproduce all copyright notices as provided by Active Network and agrees to <br /> not make any adjustment or alterations to such copyright notices. <br />G. Restricted Access. The Purchaser shall not provide, or otherwise make available, Licensed Program Materials in <br /> any form without Active Network's prior written consent except to Purchaser employees, Active Network <br /> employees, or other persons during the period they are on Purchaser premises for purposes specifically related to <br /> the Purchasers authorized use of the Licensed Program Materials. <br />H. Access by Active Network. Purchaser grants Active Network an unrestricted right to access any or all of <br /> Purchaser's data that Purchaser publishes or otherwise makes publicly available or accessible. Further, Purchaser <br /> grants Active Network an unrestricted right to access any or all of Purchaser's data when required for Active <br /> Network to perform its obligations to Purchaser. <br />I. Shipment and Delivery. Active Network shall ship products to Purchaser on the dates that may be mutually <br /> agreed to. Neither Active Network nor the Purchaser shall be responsible for delays resulting from acts beyond <br /> the control of each party. These include, but are not limited to, acts of God, riots, acts of war, tim, earthquakes, <br /> epidemics, work stoppages, or disasters. <br />J. Replacement of Lost Materials. If Licensed Program Materials are lost or damaged while in the possession of the <br /> Purchaser, Active Network shall replace them at a processing fee not to exceed $150.00. Any expedited shipments <br /> requested by the Purchaser shall be at the Purchaser's expense. <br />K. Purchaser's Right to Use. The Purchaser's rights in the computer Software developed by Active Network may be <br /> restricted by Active Network in accordance with this Agreement and in any duly executed Attachment, Order, or <br /> Schedule referencing this Agreement. However, the Purchaser shall have: <br /> (1) Use of such Software on computer processing units as defined in the attached Software License <br /> Agreement; and <br /> (2) Use of such Software with a backup system, provided that the backup system is solely used for <br /> the purposes of an archival copy. <br />L. Acceptance bv Purchaser. All products shall be deemed to be fully accepted by Purchaser unless Purchaser <br /> notifies Active Network otherwise in writing within 30 days of shipment by Active Network. <br />M. Dama~,es or remedies. Purchaser agrees that, in no event, shall Active Network be liable for special, <br /> consequential, or incidental damages. Except as set forth herein, Active Network's maximum per incident <br /> liability shall be limited to the amount already paid Active Network by the Purchaser. For all claims, actions, <br /> damages, or costs caused by or arising from Active Network's gross negligence or willful misconduct during the <br /> equipment delivery and installation process, Active Network's maximum per incident liability shall be limited to <br /> the insurance amounts specified in Article 4 of this Agreement. <br />N. Product documentation. Active Network shall provide product documentation for Active Network-developed <br /> products delivered to the Purchaser. <br />O. Unrestricted changes by Active Network. Active Network may make changes as it deems fit to operating <br /> procedures, programming languages, general purpose library programs, timing accessibility techniques, types of <br /> hardware supportability, product functionality, and other related areas. Active Network will provide product <br /> documentation for updates of Active Network-developed products delivered to the Purchaser. <br />P. Services Outside of this Agreement. In the event the Purchaser requests any services other than that included <br /> under this Agreement, and depending upon the availability of its personnel, Active Network shall use its best <br /> efforts to furnish such support in accordance with their current published billing rates. <br />Q. Severability. Each provision of this Agreement is severable from all other provisions of this Agreement and, if <br /> one or more of the provisions of this Agreement shall be declared invalid, the remaining provisions of this <br /> Agreement shall nevertheless remain in full force and effect. <br />R. Currency. All amounts referred to herein or otherwise payable pursuant to any term of this Agreement shall be <br /> United States of America Dollars. <br /> <br />S. Prior Agreements. This Agreement represents the entirety of agreements between Purchaser and Active Network <br /> and supersedes all prior agreements and understandings between Active Network and the Pumhaser relative to <br /> <br /> <br />
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