Agmt21 Cleverciti Systems, Corp.

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EXHIBIT "C" Service and Warranty Terms The following additional terms apply: 1. Contractor shall operate the Services via its software backend, which has been installed on Contractor's servers, and in which Contractor processes and prepares data collected via the Hardware for City. In this context no software is conveyed to City. If the City has selected the on-site server option, Contractor shall operate the Hardware via an installation of its software backend on a server installed on the City's premises. In this case, Contractor grants City such usage rights as may be required for the installation; City shall not obtain any exceeding usage rights for its own use of the software backend. Only Contractor shall be allowed to access the software backend and operate the Hardware via the software backend. 2. The latest versions of the web browsers Chrome or Internet Explorer as well as a functioning internet connection are required to access the Services. It is not part of the Services to provide the City with a web browser or functioning Internet connection. 3. The quality of the Hardware shall be as defined in the product specifications, functionality descriptions, and for the appropriate intended use, all of which are defined within Exhibit "A". 4. The technical data, specifications, descriptions of functionalities and possible uses as well as other information contained in the product specifications shall be understood exclusively as a description of the quality of the Hardware and not as an independent guarantee or a guarantee on the quality or the durability of the Hardware. 5. Statements of Contractor regarding the subject of this Agreement shall only be considered independent declarations of guarantee or a guarantee on the quality or durability within the legal meaning of these terms if these are made in writing by Contractor's management and explicitly and literally referred to as independent guarantee, guarantee on the quality or guarantee on the durability. 6. City shall in no event be entitled to access the software backend (as described in paragraph 1 of this Exhibit) used to provide the Services or interfere with its operation. 7. City shall not be entitled to interfere with the operation of the Hardware or the Services or isolate the operating software installed on the Hardware. City shall not be entitled to interfere with the network connection or power supply required to operate the Hardware, the Application or Services, except if explicitly instructed by Contractor. 8. If and as long as Contractor is not able to provide its Services due to an extraordinary event beyond Contractor's reasonable control, including natural disasters, extraordinary weather conditions, lightning, fires, explosion, pandemic, disruption and interruption of REV: 12-10-2020 SK ATIYIAGR.2020.282/Cleverciti (Parking Guidance System Project) (Page 44 of 54)