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PURCHASER RESPONSIBILITIES Purchaser agrees that the responsibility for operation, security, maintenance and service of their computer system, its hardware and software remains with Purchaser, and Active Network under no circumstances becomes liable to operate, maintain or otherwise control or be responsible for the use, security or functionality of Purchasers equipment, software or data. Purchaser acknowledges that thc purpose of this agreement is to maintain the RecWare software licensed for Purchaser's use and to provide Purchaser with a resource for assistance in the use of RecWare software. No guarantee regarding the quality or accuracy of directions, answers, results (or lack of) are included in the Agreement. Because of the technical nature of the RecWare product, Purchaser agrees to designate a "primary software user." The primary software user shall be authorized to contact Active Network for assistance under this agreement. Other, non-primary software users shall contact the primary software user at the site in order to obtain answers to their questions or other support. The primary software user is to be named at the beginning of this agreement, and may be changed by Purchaser at any time. Active Network, at its option, may charge additional fees to provide service and support to users that have not been named in this Agreement. Purchaser agrees that they understand the need to regularly backup and protect their software and data and that Active Network shall not be held liable for breaches of security or loss of any data under any circumstances. LIMITATIONS OF LIABILITY The limitations of liability contained in the RecWare Software License Agreement and Registration form are fully applicable to all updates, modifications, enhancements, advice, technical service or any other product or service provided under this agreement. Active Network and any other third party vendors make no warranty, representation or promise not expressly set forth in this agreement. Active Network, expressly, does not warrant that any software, service or documentation are without defect or error or that the software will be uninterrupted or error free in its operation or that the software or service will satisfy Purchaser's requirements. Purchaser agrees that, in no event, shall Active Network be liable for special, consequential, or incidental damages. Except as set forth herein, Active Network~s maximum per incident liability shall be limited to the amount already paid Active Network by the Purchaser. For all claims, actions, damages, or costs caused by or arising from Active Network's gross negligence or willful misconduct during the equipment delivery and installation process, Active Network~s maximum per incident liability shall be limited to the insurance amounts specified in Article 4 of the Purchase Agreement dated between Active Network and the City of Redwood City. The entire risk as to the quality and performance of any software or service provided under this agreement is with the Purchaser. Purchaser's sole and ~clusive remedy is set forth in this Agreement. This Agreement defines a mutually agreed upon allocation of risk and Active Network's process and fees reflect such an allocation of risk. GENERAL CONDITIONS This agreement shall be governed by the laws of the State of California. Any disputes that may arise as a result of this agreement shall be settled in the Courts in the County of San Mateo, California. This agreement sets forth the entire understanding and agreement between Active Network and Purchaser and may be amended only in writing that is signed by an authorized officer or representative of both parties. NO THIRD PARTY VENDOR, DISTRIBUTOR, DEALER, RETAILER, SALES pERSON OR OTHER PERSON IS AUTHORIZED BY AL'lIVE NETWORK TO MODIFY THIS AGREEMENT OR MAKE ANY WARRANTY, REPRESENTATION OR PROMISE WHICH IS Dllq~'ERENT THAN, OR 1N ADDITION TO, THE WARRANTIES, REPRESENTATIONS OR PROMISES OF TillS AGREEMENT. If any provision of this agreement is held invalid or not enforceable, that provision or action shall be liraited to that specific provision and act~'a'~l~/~gher prov}s~s of this agreemen~hich pr°tect 7/~e Netw°rk shall remain in effect' AC : ~ Custo~ner~'gn~ture and ~ate Acti~e~Network Signature and Date