Laserfiche WebLink
Non -Hexagon Services. Hexagon may offer certain Services, or features or functions within Services, made available by unaffiliated third <br />parties ("Non -Hexagon Services'). Accessing suds Non- <br />Hexagon Services may cause your computer to communicate with athird- <br />party website, Such connectivity or access to third party websites or third -party materials is governed by the terms found on such <br />sites, and access to and use of Non -Hexagon Services may require your agreement to separate terms. Linking to or use of Non - <br />Hexagon Services constitutes your agreement with such terms. Hexagon Group Companies are not a party to such third -party <br />agreements and are not responsible for such Non -Hexagon Services. Hexagon may at any time, for any reason, modify or <br />discontinue the availability of any Non -Hexagon Services. <br />Hexagon Affiliates. You acknowledge that Hexagon has Affiliates and subcontractors worldwide, You acknowledge and agree that Hexagon <br />affiliates and subcontractors are entitled to provide the Services to you. <br />Warranty Disclaimer and Limit of Liability. THE GEOSPATIAL DATA AND THE SERVICES ARE PROVIDED "AS IS," AND HEXAGON <br />MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF <br />MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UPTIME, ACCURACY, OR NON -INFRINGEMENT. IN NO <br />EVENT WILL HEXAGON AND ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, <br />INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES, HOWEVER CAUSED, INCLUDING, BUT NOT <br />LIMITED T0, LOST PROFITS AND LOST DATA, THE AUTHORIZED END USER ACKNOWLEDGES THAT ITS SOLE REMEDY <br />UNDER THIS AGREEMENT IS TO REQUIRE HEXAGON TO REDELIVER THE GEOSPATIAL DATA GIVING RISE TO ANY <br />BREACH OF THIS AGREEMENT OR BREACH OF DUTY. THE AGGREGATE LIABILITY OF HEXAGON FOR ALL OTHER <br />LOSSES, LIABILITIES, CLAIMS, DAMAGES OR ASSESSMENTS, OF ANY KIND OR NATURE, SHALL NOT EXCEED THE <br />LICENSE FEES PAID BY THE AUTHORIZED END USER TO HEXAGON WITH RESPECT TO THE GEOSPATIAL DATA OR <br />THE SERVICES AT ISSUE IN ANY DISPUTE OR CLAIM. <br />The Authorized End User agrees that the limitations of liability and disclaimers <br />set forth herein will apply regardless of whether the <br />Authorized End User has accepted the Geospatial Data or any other product or service delivered by Hexagon. The Authorized End <br />User acknowledges and agrees that Hexagon has set its prices and entered into this Agreement in reliance upon the disclaimers of <br />warranty and the limitations of liability set forth herein, that the same reflect an allocation of risk between the parties (including the <br />risk that a contract remedy may fail of its essential purpose and cause consequential loss), and that the same form an essential basis <br />of the bargain between the parties. <br />In addition, in no event shall Hexagon be liable for any third -party <br />websites that appear in or are referenced by the Hexagon ordering <br />web page. <br />Acceptable Use. You shall ensure all your Authorized End Users comply with the Acceptable Use Policy ("AUP"). The latest version of AUP <br />posted hltps;/mxoncontent.com/global/acceptable use policy, is incorporated herein by reference. An Authorized End User may <br />be prompted with review and acceptance of the AUP to gain access to the Services. Hexagon reserves the right to change the <br />AUP at any time. Any update to the AUP may require each Authorized End User to re -accept the modified AUP. Failure to comply <br />with the AUP may result in suspension of the Services or termination of this Agreement for material breach. During any period of <br />suspension, your will still be liable for payment of the applicable fees. <br />Term. Hexagon may terminate this End User Access Agreement, which will terminate all access to the Services and the Geospati <br />al Data, if <br />the Authorized End User fails to comply with any term of this Agreement. In the event of termination, the Authorized End User <br />must immediately return the Geospatial Data to Hexagon or destroy it and certify this destruction in writing to Hexagon. <br />Complete Agreement. This Agreement and ordering web page set forth the complete and exclusive statement of the understanding between <br />the Authorized End User and Hexagon with respect to the Geospatial Data and the Services and may be amended or modified <br />only in a written instrument signed by a duly authorized representative of both parties, If any provision is determined to be invalid <br />or unenforceable, the remaining provisions of this Agreement shall continue to be valid and enforceable. Without the prior written <br />consent of Hexagon, neither this Agreement nor any of the rights granted by it may be assigned or transferred by the Authorized <br />End User. This restriction on assignments or transfers shall apply to assignments or transfers by operation of law, as well as by <br />contr <br />act, merger or consolidation. <br />State of Washington <br />Consolidated Technology Services <br />G <br />Statewide Imagery Consortium Group <br />