My WebLink
|
Help
|
About
|
Sign Out
Home
Browse
Search
US Geological Services 11/9/2020
>
Contracts
>
Agreement
>
Interlocal Agreements
>
US Geological Services 11/9/2020
Metadata
Thumbnails
Annotations
Entry Properties
Last modified
2/26/2024 7:10:17 AM
Creation date
2/24/2021 10:40:06 AM
Metadata
Fields
Template:
Contracts
Contractor's Name
US Geological Services
Approval Date
11/9/2020
Council Approval Date
11/4/2020
Department
Fire
Department Project Manager
Sarah LaVelle
Subject / Project Title
ShakeAlert Evaluation License Agreement
Tracking Number
0002785
Total Compensation
$0.00
Contract Type
Agreement
Contract Subtype
Interlocal Agreements
Retention Period
6 Years Then Destroy
Imported from EPIC
No
There are no annotations on this page.
Document management portal powered by Laserfiche WebLink 9 © 1998-2015
Laserfiche.
All rights reserved.
/
10
PDF
Print
Pages to print
Enter page numbers and/or page ranges separated by commas. For example, 1,3,5-12.
After downloading, print the document using a PDF reader (e.g. Adobe Reader).
View images
View plain text
Template revision date:July 2020 OPA Review#2021ZQ-11505 <br /> During the evaluation phase,ShakeAlert Materials are licensed under this Agreement for the purpose of <br /> continued research and development.The Parties make no express or implied warranty as to any matter <br /> whatsoever,including the conditions of the research or any invention or ShakeAlert Material,whether <br /> tangible or intangible,made or developed under or outside the scope of this Agreement,or the <br /> ownership,merchantability, or fitness for a particular purpose of any research,invention or material,or <br /> that a technology used by a Party in connection with the ShakeAlert Materials,or the ShakeAlert <br /> Materials,do not infringe any third-party patent rights. <br /> Furthermore,USGS does not warrant that the ShakeAlert Materials will always function,in all <br /> geographic areas,without interruption,be error-free or that any errors will be corrected.All ShakeAlert <br /> Materials are provided"AS IS"and without any warranty,express,implied,or otherwise,regarding its <br /> accuracy or performance.Any reliance upon ShakeAlert Materials is at the express and sole risk of the <br /> Licensee,including its employees,assigns,and insurers. <br /> Licensee shall provide the following disclaimer to all Clients that receive and distribute data about <br /> earthquakes: <br /> LICENSEE MAKES NO WARRANTY WITH RESPECT TO ANY TECHNOLOGY,GOODS,OR <br /> SERVICES USING THE DATA AND HEREBY DISCLAIMS ANY WARRAN 1'1hS OF <br /> MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. <br /> 9.2. Licensee Warranties. <br /> The Licensee warrants that: <br /> a. it has authority to enter into this Agreement; <br /> b. the signatory has the authority to sign on behalf of the Licensee;and <br /> • <br /> c. as of the Effective Date and to the best of its knowledge,the Licensee is not debarred or <br /> suspended by any agency of the U.S.government. <br /> 9.3. USGS Warranties. <br /> USGS warrants that it has and will retain all necessary rights to grant the licenses in this Agreement and <br /> deliver ShakeAlert Materials to Licensee during the term of this Agreement. <br /> 9.4. Liability. <br /> a. Liability.In this Section 10.4,"Liability"means any liability,whether under contract,tort <br /> (including negligence),or otherwise and whether or not foreseeable or contemplated by the <br /> parties. <br /> b. Limited Liabilities. Subject to Subsection(c)(Unlimited Liabilities)and any amendment,neither <br /> Party will have any Liability arising out of or relating to this Agreement or the ShakeAlert <br /> Materials for: <br /> i. lost revenues,profits,savings,or goodwill; <br /> ii, indirect or consequential losses; <br /> iii. special or incidental losses;or <br /> iv. punitive damages. <br /> ShakeAlert Evaluation License Agreement,Application,and Statement of Work-07/2020 Page 5 of 10 <br /> 1 <br />
The URL can be used to link to this page
Your browser does not support the video tag.