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granted to you in this Agreement. Without limiting the generality of the preceding, we retain all <br />right, title, and interest in and to the Tyler Software, including without limitation, all software <br />used to provide the Tyler Software and all Tyler logos and trademarks reproduced through the <br />Tyler Software, as well as any copyright or other intellectual property rights in and to the Tyler <br />Software. <br />3.2 You do not acquire under this Agreement any rights to use the Tyler Software in excess of the <br />scope and/or duration of the Saas Services . <br />3.3 The Documentation is licensed to you and may be used and copied by your employees for <br />internal, non-commercial reference purposes only. <br />3.4 You retain all ownership and intellectual property rights to the Data . <br />4. Restrictions. You may not: (a) make the Tyler Software or Documentation resulting from the Saas <br />Services available in any manner to any third party for use in the third party's business operations; <br />(b) modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of <br />the Saas Services; (c) access or use the Saas Services in order to build or support, and/or assist a <br />third party in building or supporting, products or services competitive to us; or (d) license, sell, rent, <br />lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service <br />bureau use, or otherwise commercially exploit or make the Saas Services, Tyler Software, or <br />Documentation available to any third party other than as expressly permitted by this Agreement. <br />5. Software Warranty. We warrant that the Tyler Software will perform without Defects during the <br />term of this Agreement. If the Tyler Software does not perform as warranted, we will use all <br />reasonable efforts, consistent with industry standards, to cure the Defect in accordance with the <br />maintenance and support process set forth in Section C(8) "Maintenance and Support11 <br />, below, the <br />SLA and our then current Support Call Process or to provide you with a functional equivalent. For <br />the avoidance of doubt, to the extent any third-party software is embedded in the Tyler Software, <br />your limited warranty rights are limited to our Defect resolution obligations set forth above; you do <br />not have separate rights against the developer of the embedded third-party software. <br />6. Saas Services. <br />6.1 To the extent applicable, Tyler will make available to Client, upon Client's written request, the <br />service level terms of any third party cloud services provider that hosts the Tyler Software <br />6.2 In the event we declare a disaster, our Recovery Time Objective ("RTO 11 <br />) is twenty-four (24) <br />hours. For purposes of this subsection, RTO represents the amount of time, after we declare a <br />disaster, within which your access to the Tyler Software must be restored. <br />6.3 We test our disaster recovery plan on an annual basis. Our standard test is not client-specific . <br />Should you request a client-specific disaster recovery test, we will work with you to schedule <br />and execute such a test on a mutually agreeable schedule. <br />6.4 We will be responsible for importing back-up and verifying that you can log-in. You will be <br />responsible for running reports and testing critical processes to verify the returned data. At <br />Page 3 ot28 <br />·-: .·, tyler ..