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CourtVIEW <br /> JUSTICE SOLUTIONS <br /> c. NO OTHER WARRANTIES. CJS MAKES NO OTHER WARRANTIES, WHETHER <br /> EXPRESS, IMPLIED, OR STATUTORY REGARDING OR RELATING TO THE <br /> SOFTWARE OR THE DOCUMENTATION, OR ANY MATERIALS OR SERVICES <br /> FURNISHED OR PROVIDED TO CUSTOMER UNDER THIS AGREEMENT, <br /> INCLUDING MAINTENANCE AND SUPPORT. CJS SPECIFICALLY DISCLAIMS ALL <br /> IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A <br /> PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE, DOCUMENTATION <br /> AND SAID OTHER MATERIALS AND SERVICES,AND WITH RESPECT TO THE USE <br /> OF ANY OF THE FOREGOING. <br /> 10. Limitation of Liability <br /> a. Customer hereby agrees that CJS' total liability to Customer for any and all liabilities, <br /> claims or damages arising out of or relating to this Agreement, howsoever caused and <br /> regardless of the legal theory asserted, including breach of contract or warranty, tort, <br /> strict liability, statutory liability or otherwise, shall not, in the aggregate, exceed fees paid <br /> to CJS hereunder during the previous 12-month period. The parties acknowledge and <br /> agree to the foregoing liability risk allocation.Any claim by Customer against CJS relating <br /> to this Agreement must be made in writing and presented to CJS within six (6) months <br /> after the date on which this Agreement expires or is otherwise terminated. <br /> b. In no event shall either party be liable to the other for any punitive, exemplary, special, <br /> indirect, incidental or consequential damages (including, but not limited to, lost profits, <br /> lost business opportunities, loss of use or equipment down time, and loss of or corruption <br /> to data) arising out of or relating to this Agreement, regardless of the legal theory under <br /> which such damages are sought, and even if the parties have been advised of the <br /> possibility of such damages or loss and notwithstanding any failure of essential purpose <br /> of any limited remedy. <br /> 11. General Terms <br /> a. Neither party may sell, assign, transfer, or otherwise convey any of its rights or delegate <br /> any of its duties under this Agreement without the prior written consent of the other party <br /> except in the event of sale of assets, merger or consolidation. Notwithstanding the <br /> foregoing, CJS may without violation of this paragraph engage the services of <br /> independent contractors to assist in the performance of its duties hereunder. <br /> b. All provisions of this Agreement, which by their nature should survive termination of this <br /> Agreement, will so survive. <br /> c. Any waiver of the provisions of this Agreement or of a party's rights or remedies under <br /> this Agreement must be in writing to be effective. Delay or failure by either party to <br /> exercise any right hereunder, or to enforce any provision of this Agreement will not be <br /> considered a waiver thereof and will not in any way affect the validity of the whole or any <br /> part of this Agreement or prejudice such party's right to take subsequent action.. No <br /> single waiver will constitute a continuing or subsequent waiver, nor shall a waiver of any <br /> one provision of the Agreement be deemed to be a waiver of any other provision. <br /> d. If any provision of the Agreement is held by a court of competent jurisdiction to be invalid, <br /> void or unenforceable, the remaining provisions shall nevertheless continue in full force <br /> without being impaired or invalidated in any manner. If any term, condition or provision <br /> in this Agreement is held to be illegal, invalid or unenforceable, in whole or in part, the <br /> parties shall work in good faith to agree such modification that will to the maximum extent <br /> possible preserve the original intention of said term, condition or provision. If the parties <br /> fail to agree on such an amendment, such invalid term, condition or provision will be <br /> December 2015 4 of 10 <br />