Hosting Service and Information System Agreement - Systems & Software Inc - Utility Billing System Implementation

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& Software from time to time for Users; and (iii) informing Systems & Software of any information about Users' actions that may affected either the Software or third party data contained in the Software, or Systems & Software's ability to provide Hosting Services as contemplated by this Agreement. M Compliance with Laws. City represents and warrants to Systems & Software that it and its Users will at all times be in compliance with all applicable local, state, provincial, and federal laws including but not limited to those laws regarding restrictions on exports, defamation, libel, harm to reputation, invasion of privacy, misuse or failure to protect personal information, violation of secrecy, confidentiality, unfair competition and other situations which could generate liability. (g) Data Security. City acknowledges and agrees that use of or connection to the Internet is inherently insecure and provides opportunity for unauthorized access by a third party to City's and its Users' (as well as Systems & Software's) computer systems, networks and any and all information stored therein. City is solely responsible for ensuring that (i) City's computer systems are secure and protected from unwanted interference (such as "hackers" and viruses), (ii) all transmissions are free from viruses or other harmful code prior to transmission to Systems & Software's servers; and (iii) that Data transmitted to Systems & Software is encrypted. Some content may be subject to governmental regulations or may require security measures beyond those specified by Systems & Software for an offering. City will define and provide the Systems & Software with the specifications for encryption in accordance with City's standards and needs. WHERE THE PRIVACY, SECURITY, AUTHENTICITY, OR ACCURACY OF ANY INFORMATION ARE IMPACTED BY TRANSMISSION ACROSS THE INTERNET THE SYSTEMS & SOFTWARE WILL NOT BE HELD RESPONSIBLE. THE SYSTEMS & SOFTWARE SHALL NOT BE RESPONSIBLE FOR ANY ADVERSE CONSEQUENCES WHATSOEVER OF CITY'S OR ITS USERS' CONNECTION TO OR USE OF THE INTERNET, AND SYSTEMS & SOFTWARE SHALL NOT BE RESPONSIBLE FOR ANY USE BY CITY OR ANY USER OF CITY'S INTERNET CONNECTION IN VIOLATION OF ANY LAW, RULE OR REGULATION. 8. Warranty and Warranty Disclaimer a) Limited Warranty. Systems & Software warrants to City that the Hosting Services shall be performed at a level and shall substantially conform to the specifications, as stated in Systems & Software's manuals and other documentation provided to City, provided that all use of the Hosting Services is for the purposes and in the environment for which they were designed and in accordance with such specifications. City's sole remedy in the event the Hosting Services do not conform to the foregoing limited warranty is for Systems & Software to use commercially reasonable efforts to correct such non-conformance and the right to terminate this Agreement in accordance with Section 11(a). b) Warranty Disclaimer. TO THE GREATEST EXTENT PERMITTED BY LAW, EXCEPT FOR THE EXPRESS LIMITED WARRANTY SET OUT IN SETION 13(A), THE HOSTING SERVICES, THE SOFTWARE, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS OR SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED TO CITY "AS IS" AND THERE ARE NO OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, REGARDING THEM OR ANY OTHER PRODUCT, SERVICE OR MATERIAL PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. SYSTEMS & SOFTWARE, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS REGARDING THE SOFTWARE, THE HOSTING SERVICES, THE PROFESSIONAL SERVICES AND ANY OTHER PRODUCTS, SERVICES AND MATERIALS PROVIDED HEREUNDER OR IN CONNECTION HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON - INFRINGEMENT. SYSTEMS & SOFTWARE DOES NOT REPRESENT OR WARRANT THAT THE HOSTING SERVICES OR THE SOFTWARE SHALL OPERATE ERROR FREE OR UNINTERRUPTED, SHALL MEET ANY OR ALL OF 5of12