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Magnet Forensics 12/8/2016
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Magnet Forensics 12/8/2016
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Last modified
12/23/2016 12:00:48 PM
Creation date
12/23/2016 12:00:35 PM
Metadata
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Template:
Contracts
Contractor's Name
Magnet Forensics
Approval Date
12/8/2016
Council Approval Date
11/9/2016
Department
Police
Department Project Manager
Tracey Versteeg
Subject / Project Title
Internet Evidence Finder End User License
Tracking Number
0000404
Total Compensation
$2,593.50
Contract Type
Agreement
Contract Subtype
Professional Services
Retention Period
6 Years Then Destroy
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6.2 THE WARRANTY SET FORTH IN THIS SECTION 6 IS THE EXCLUSIVE WARRANTY MADE <br /> BY MAGNET FORENSICS TO YOU, AND IS YOUR SOLE AND EXCLUSIVE REMEDY <br /> RESPECTING ANY DEFECTS, NON-CONFORMITIES OR PROBLEMS WITH THE SOFTWARE. <br /> MAGNET FORENSICS DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND <br /> CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY <br /> EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF <br /> MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, <br /> DURABILITY, TITLE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY OR CONDITION <br /> ARISING BY STATUTE, CUSTOM OR USAGE OF TRADE RELATED TO THE SOFTWARE <br /> PROVIDED HEREUNDER. MAGNET FORENSICS SPECIFICALLY DOES NOT WARRANT THAT <br /> THE OPERATION OF THE SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE. <br /> MAGNET FORENSICS DOES NOT WARRANT THAT THE SOFTWARE IS FREE FROM BUGS, <br /> ERRORS, OR LIMITATIONS. Some jurisdictions may not allow the exclusion or limitation of <br /> implied warranties and conditions. To the extent permitted by law, any implied warranties or <br /> conditions relating to the Software to the extent that they cannot be excluded as set out above are <br /> limited to thirty (30) days from the date that the Software is delivered to you. The allocations of <br /> liability in this Section 6.2 represent the agreed and bargained for understanding of the parties and <br /> Magnet Forensics' compensation hereunder reflects such allocations. <br /> 6.3 To the limited extent that Magnet Forensics is not able to disclaim any warranty respecting the <br /> Software, any implied or imposed warranty respecting the Software shall nevertheless not apply to <br /> defects, non-conformities or problems resulting from: (a) improper or inadequate maintenance or <br /> installation of the Software; (b) use of the Software in combination with software, interfaces, or <br /> other materials that are not supplied or specifically authorized by Magnet Forensics; (c) <br /> unauthorized or improper use or modification of the Software, including use that is not <br /> contemplated under the terms of this Agreement or the user documentation accompanying the <br /> Software; (d) abuse, negligence, accident, or other damage from external sources (e) improper <br /> preparation of your facilities for Software installation and use; or(f) unauthorized maintenance or <br /> repair of the Software. <br /> 7. Limitation of Liability <br /> 7.1 In no event will Magnet Forensics be liable under this Agreement for any damages other than <br /> your direct damages to the extent arising from Magnet Forensics' gross negligence or willful <br /> misconduct, and in no event shall Magnet Forensics' aggregate liability exceed the amounts paid <br /> by you to Magnet Forensics for the Software. <br /> 7.2 EXCEPT FOR THE LIMITED DIRECT DAMAGES SPECIFIED IN THIS SECTION 7, TO THE <br /> MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MAGNET FORENSICS BE <br /> LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, <br /> SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR <br /> DAMAGES FOR LOSS OF PROFITS, DATA, USE OR OPPORTUNITY, THE CORRUPTION OF <br /> DATA, LOSS OF THE USE OF DEVICES OR ANY PORTION THEREOF, THE PERFORMANCE <br /> AND NON-PERFORMANCE OF THE SOFTWARE, AND ANY BUGS OR DAMAGES CAUSED BY <br /> THIRD PARTY FILES, INCLUDING IF THE THIRD PARTY FILES CONTAIN MALICIOUS CODE <br /> AND/OR VIRUSES, WHETHER OR NOT SUCH DAMAGES WERE FORESEEN OR <br /> UNFORESEEN, AND WHETHER OR NOT MAGNET FORENSICS WAS ADVISED OF THE <br /> POSSIBILITY OF SUCH DAMAGES. ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED <br /> BY LAW, MAGNET FORENSICS SHALL ONLY BE LIABLE TO YOU AS EXPRESSLY SET <br />
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