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  2. Finance Committee - Agenda - 5/16/2018 - P127

Finance Committee - Agenda - 5/16/2018 - P127

By dnadmin on Mon, 11/07/2022 - 11:39
Document Date
Wed, 05/16/2018 - 00:00
Meeting Description
Finance Committee
Document Type
Agenda
Meeting Date
Wed, 05/16/2018 - 00:00
Page Number
127
Image URL
https://nashuameetingsstorage.blob.core.windows.net/nm-docs-pages/fin_a__051620…

DAMAGES AND LIMITATION OF LIABILITY

ALPINE'S LIABILITY UNDER THIS AGREEMENT FOR DAMAGES, REGARDLESS OF THE FORM OF ACTION, SHALL BE
LIMITED TO MONEY DAMAGES, WHICH SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER FOR THE
LICENSE GRANTED HEREUNDER. IN NO EVENT SHALL ALPINE BE LIABLE FOR ANY DAMAGES (INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS CF PROFITS, LOSS OF LIFE, BUSINESS INTERRUPTION, LOSS OF
INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THIS PRODUCT,
EVEN IF ALPINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PATENT AND COPYRIGHT INFRINGEMENT

If any action is brought against CUSTOMER based on a claim that CUSTOMER'S use of the SOFTWARE infringes a United
States Patent or Copyright or a trade secret of a third party, ALPINE will defend such action at its expense and pay the costs
and damages awarded in any such action. ALPINE shall have the sole control of the defense of any such action and all
negotiations for its settlement are compromised. CUSTOMER shall be obligated to notify ALPINE, in writing, of any such
action.

DATA

All fire department data in the CUSTOMER’S RedNMX System with remain the property of the CUSTOMER. This data is
considered confidential . At any time, the CUSTOMER can request a copy of their data. If the CUSTOMER decides not to
continue their relationship with ALPINE, the CUSTOMER still owns the data and ALPINE will provide a copy of it.

3RD PARTY DATA

The SOFTWARE may contain data originally produced and compiled by the U.S. Department of Transportation and/or
other U.S. government agencies. ALPINE MAKES NO WARRANTIES CONCERNING AND SHALL NOT BE LIABLE
FOR ANY ERROR OR OMISSIONS ON THE PART OF U.S. GOVERNMENT EMPLOYEES OR AGENTS WITH
RESPECT TO SUCH DATA.

TERMINATION

ALPINE may suspend performance and may terminate this license agreement and the license granted if the CUSTOMER
fails to make payment of the license fee when due or if the CUSTOMER breaches its other obligations hereunder. The
CUSTOMER may terminate this license agreement if ALPINE breaches its obligations hereunder. Upon termination of this
license agreement, ALPINE may require the CUSTOMER to cease using the SOFTWARE and to promptly deliver the
SOFTWARE and related material to ALPINE. Termination of this license agreement will not relieve the CUSTOMER from
complying with the restrictions contained herein.

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Finance Committee - Agenda - 5/16/2018 - P127

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