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2017-05-10 CC Packet
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2017-05-10 CC Packet
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9/6/2017 4:19:33 PM
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2. License Agreement Term and Termination <br />2.1 Term. The term of this License Agreement commences on execution of this License <br />Agreement by both parties and ends on the January 31 first following commencement. <br />Notwithstanding, the License Agreement shall renew automatically from year to year. <br />However, the District assumes no duty to any User or ACC to update the MTP and it <br />remains the sole and absolute responsibility of User and its ACCs to ensure that the MTP <br />are current, accurate and adequate for any use they choose to make of them. <br />2.2 Termination. Notwithstanding section 2. 1, the District may terminate this License <br />Agreement at any time on written notice to User if User fails to comply with the terms <br />and conditions of this License Agreement. The District or User may terminate the <br />License Agreement without cause on 30 -day notice to the other party. <br />2.3 Return or Destruction of MTP. When this License Agreement has been terminated, <br />User must either destroy all copies of the MTP and provide to the District written <br />certification of the destruction, or return all copies of the MTP to the District. <br />3. Limited Warranty, Disclaimers and Acknowledgement <br />3.1 Limited Warranty. The MTP provided by the District are made available to User <br />subject to the following limitations and restrictions: <br />(a) User is responsible for the installation and use of the MTP and the results or <br />consequences obtained from User's installation or use of the MTP. <br />(b) The District does not warrant that the MTP are error free, and disclaims any other <br />warranties, express or implied, respecting this License Agreement or the MTP. <br />(c) THE MTP, AND ASSOCIATED MANUALS, REFERENCE MATERIALS <br />AND TECHNICAL DOCUMENTATION (IF ANY), ARE PROVIDED "AS IS" <br />WITHOUT ANY SUPPORT WHATSOEVER AND WITHOUT WARRANTY <br />AS TO THEIR PERFORMANCE, MERCHANTABILITY OR FITNESS FOR <br />ANY PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE RESULTS <br />AND PERFORMANCE OF THE MTP IS ASSUMED BY USER. <br />(d) THE DISTRICT SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, <br />INCIDENTAL, COMPENSATORY OR CONSEQUENTIAL DAMAGES, <br />LOSS OF PROFIT, OTHER FINANICAL LOSS, LOSS OF DATA, OR ANY <br />OTHER DAMAGE OF ANY KIND ARISING OUT OF USER'S USE OR <br />ATTEMPTED USE OF THE MTP, OR ANY THIRD PARTY CLAIMS THAT <br />MAY RESULT FROM THE USE OF THE MTP, EVEN IF THE DISTRICT <br />HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS <br />OR DAMAGE. <br />4 <br />19 <br />
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