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Vanguard Appraisals,Inc.
<br /> (b) As the sole obligation of Vanguard and the sole remedy of Client under the foregoing warranty,Vanguard
<br /> will seek to correct,through the means Vanguard determines to be most appropriate,any malfunction or defect in such
<br /> Licensed Materials at no additional charge to Client within a reasonable time after they become known, provided (1)such
<br /> malfunctions or defects are reported to Vanguard by Client within twelve(12) months from the effective date of this
<br /> Agreement or thereafter during any period in which Client maintains a Service Contract with Vanguard under which Client is
<br /> current and not in default(the"Warranty Period"),and(2)Vanguard is able to reproduce and confirm the reported
<br /> malfunction or defect.
<br /> (c) The foregoing limited warranty shall be null and void,and Vanguard shall have no warranty obligation with
<br /> respect to any software module contained in the Licensed Materials if such module is modified or altered by any party other
<br /> than Vanguard, its employees or agents,or such module is used for purposes for which it was not intended or for purposes
<br /> not authorized by this Agreement,or the module was damaged due to causes external to such software(e.g.,a power surge
<br /> or electromagnetic field,etc.). Vanguard shall have no responsibility for any hardware failures.
<br /> (d) THE LICENSED MATERIALS ARE OTHERWISE PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND. TO
<br /> THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,VANGUARD FURTHER DISCLAIMS ALL WARRANTIES.
<br /> INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY. FITNESS FOR A PARTICULAR
<br /> PURPOSE, FREEDOM FROM INTERFERENCE WITH ENJOYMENT OR FROM NON-INFRINGEMENT OF THIRD PARTY
<br /> INTELLECTUAL PROPERTY RIGHTS.AND ANY WARRANTIES THAT MAY ARISE OR BE DEEMED TO ARISE FROM ANY
<br /> COURSE OF PERFORMANCE,COURSE OF DEALING OR USAGE OF TRADE. THE ENTIRE RISK ARISING OUT OF THE USE
<br /> OR PERFORMANCE OF THE LICENSED MATERIALS REMAINS WITH CLIENT.
<br /> (e) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,IN NO EVENT SHALL VANGUARD OR ITS
<br /> SUPPLIERS BE LIABLE TO CLIENT OR ANY OTHER PERSON OR ENTITY FOR ANY CONSEQUENTIAL,INCIDENTAL, DIRECT,
<br /> INDIRECT,SPECIAL, PUNITIVE,OR OTHER DAMAGES WHATSOEVER(INCLUDING,WITHOUT LIMITATION. DAMAGES FOR
<br /> LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION,THE COSTS OF SUBSTITUTE SOFTWARE OR SERVICES, LOSSES
<br /> RESULTING FROM ERASURE,DAMAGE, DESTRUCTION OR OTHER LOSS OF FILES, DATA OR PROGRAMS OR THE COST OF
<br /> RECOVERING SUCH INFORMATION,OR OTHER PECUNIARY LOSS)ARISING OUT OF THIS AGREEMENT OR THE USE OF OR
<br /> INABILITY TO USE THE LICENSED MATERIALS, EVEN IF VANGUARD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
<br /> DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
<br /> CONSEQUENTIAL OR INCIDENTAL DAMAGES,THE ABOVE LIMITATION MAY NOT APPLY TO CLIENT. In no event shall
<br /> Vanguard's liability for the performance or nonperformance of this Agreement,or otherwise,exceed the amount actually
<br /> paid to Vanguard under this Agreement.
<br /> 7. TITLE.Title,ownership, rights and intellectual property rights in and to the Licensed Materials shall remain in
<br /> Vanguard and/or its suppliers.The Licensed Materials are protected by the copyright laws of the United States and
<br /> international copyright treaties.Title,ownership rights and intellectual property rights in and to the content accessed
<br /> through the Licensed Materials is the property of the applicable content owner and may be protected by applicable copyright
<br /> or other law.This license gives you no rights to such content.
<br /> 8. TERM.
<br /> (a) The rights granted by Vanguard shall take effect on the date first written above and shall remain in force
<br /> as long as Client is in compliance with the limitations,terms and conditions of this Agreement, provided Vanguard reserves
<br /> the right to change this Agreement when deemed necessary in Vanguard's discretion due to changes in technical
<br /> specifications.
<br /> (b) Vanguard further reserves the right to terminate this Agreement and any Service Contract by written
<br /> notice to Client if Client fails to comply with any of the limitations,terms or conditions set forth in this Agreement and such
<br /> failure continues for a period of ten (10)days after Client receives written notice of such failure from Vanguard.
<br /> (c) Upon termination of this Agreement in accordance with Section 8(b),Client shall cease to use,and
<br /> promptly relinquish and return to Vanguard the Licensed Materials,and Vanguard shall have the right to uninstall Licensed
<br /> Materials from the Client's system. Sections,4,5,6,7 and 10 shall survive any termination of this Agreement.
<br /> 9. REPRESENTATIONS AND WARRANTIES OF CLIENT. Client represents and warrants to Vanguard as follows:
<br /> (a) Client has taken all necessary action to make this Agreement legally binding on Client,that the individual signing this
<br /> Agreement on behalf of Client has been fully authorized and empowered to execute this Agreement on behalf of Client,and
<br /> this Agreement constitutes a legal,valid and binding obligation of Client in accordance with its terms,(b) no consent,
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<br /> June 22,2018
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