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US Hospitality Publishers, Inc. dba Uniguest 12/8/2023
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US Hospitality Publishers, Inc. dba Uniguest 12/8/2023
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Last modified
12/12/2023 9:52:02 AM
Creation date
12/12/2023 9:50:58 AM
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Contracts
Contractor's Name
US Hospitality Publishers, Inc. dba Uniguest
Approval Date
12/8/2023
End Date
12/15/2023
Department
Procurement
Department Project Manager
Jenny Chang
Subject / Project Title
Content Management Software Terms and Conditions
Tracking Number
0004064
Total Compensation
$60,972.52
Contract Type
Agreement
Contract Subtype
Software/SaaS Agreements
Retention Period
6 Years Then Destroy
Imported from EPIC
No
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<br />at the time resumption of Maintenance <br />Services is requested, which rate will be <br />applied to the entire period where <br />Maintenance Services had lapsed with <br />respect to the applicable System. <br />Statistical Data. Uniguest may monitor <br />Customer’s use of the Products and <br />Services to collect and process anonymous, <br />statistical, and performance information in <br />aggregate form (“Statistical Data”). Uniguest <br />will have an unrestricted right to store, <br />analyze, evaluate, and use the Statistical <br />Data for its own internal business purposes, <br />including improving the features, <br />performance, and functionality of the <br />Products and Services. Uniguest warrants <br />and agrees that the Statistical Data shall not <br />include any information which identifies or <br />can be attributed to Customer or any <br />personally identifiable information of any <br />person. <br />Non-Exclusive. All Products and Services <br />are provided by Uniguest on a non-exclusive <br />basis. Without limiting the foregoing, <br />Uniguest is free to provide the same or <br />similar Products and Services to any third <br />party, including any competitors of <br />Customer. <br />Feedback. Uniguest shall have, and <br />Customer hereby grants, a royalty-free, <br />worldwide, transferable, sublicensable, <br />irrevocable, perpetual right and license to <br />use, modify and/or incorporate into the <br />Products and Services (and any other <br />products or services of Uniguest) any ideas, <br />suggestions, enhancements, <br />recommendations or other feedback <br />provided by Customer. <br />No High-Risk Use. Customer hereby <br />acknowledges that the Products and <br />Services are not designed or intended for <br />access and/or use in or during high- risk <br />activities including, but not limited to: <br />medical procedures, emergency <br />alerts, on-line control of aircraft, air traffic, <br />aircraft navigation or aircraft <br />communications; or the design, construction, <br />operation or maintenance of any nuclear <br />facility. Uniguest hereby expressly disclaims <br />any express or implied representation or <br />warranty of fitness for such purposes. <br />Compliance with Law. Each party agrees to <br />comply with all laws and regulations <br />applicable to its respective performance of <br />this Agreement, including, as applicable, <br />laws respecting the privacy of individuals and <br />their personal information, rights to <br />intellectual property, and the export or import <br />of goods or services. <br /> <br />Term and Termination. <br />Initial Term and Renewal. Unless terminated <br />in accordance with Section <br />3.b below, the Agreement will continue in <br />effect in accordance with the term set forth in <br />the Order (or if the Order is silent as to the <br />term or there is no Order, for an initial term of <br />36 Months), after which the Agreement will <br />continue in effect and automatically renew <br />annually upon the expiration of the initial <br />term and each anniversary thereof until <br />either party terminates this Agreement in <br />accordance with Section <br />3.b below. <br />Termination. <br />Without Cause. Customer may terminate the <br />Agreement without cause effective upon the <br />expiration of the then current term upon not <br />less than sixty (60) days’ prior notice as <br />outlined in Section 3.b.iii below. <br />With Cause. Either party may terminate this <br />Agreement in the event of a material breach <br />of this <br /> <br />
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