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The Authorized End User shall immediately notify Valtus upon discovering evidence of a <br />current or threatened misuse or unauthorized use or disclosure of the Imagery or Services by any <br />p arty. The Authorized End User may not modify, distort, disassemble,decompile or in any way <br />attempt to reverse engineer the Services or any software provided as part of the Imagery or the <br />Imagery itself. <br />The Authorized End User may not transfer the Imagery to or store the Imagery or the <br />Services in any electronic network for use by more than the number of users authorized in <br />writing by Valtus or the Partner through which Authorized End User is licensing the Imagery, <br />unless it obtains prior written permission from Valtus and pays associated additional fees. <br />THE IMAGERY AND THE SERVICES ARE PROVIDED "AS IS," AND VALTUS <br />MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT <br />LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR <br />PURPOSE, UPTIME, ACCURACY, OR NON- INFRINGEMENT. IN NO EVENT WILL <br />VALTUS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL <br />A N D OR OTHER SIMILAR DAMAGES, HOWEVER CAUSED, THE AUTHORIZED <br />END USER UNDERSTANDING AND ACKNOWLEDGING THAT ITS SOLE REMEDY <br />UNDER THIS AGREEMENT IS TO REQUIRE VALTUS TO REDELIVER THE IMAGERY <br />REQUESTED BY THE CUSTOMER. IF THE FOREGOING DISCLAIMER OF <br />WARRANTIES AND LIMITATION OF LIABILITY FOR ANY REASON IS <br />UNENFORCEABLE OR INAPPLICABLE, THE AUTHORIZED END USER AGREES THAT <br />THE AGGREGATE LIABILITY OF VALTUS SHALL NOT EXCEED THE LICENSE FEES <br />PAID BY THE CUSTOMER TO VALTUS WITH RESPECT TO THE IMAGERY OR THE <br />SERVICES AT ISSUE. <br />The Authorized End User agrees that the limitations of liability and disclaimers set forth <br />herein will apply regardless of whether the Authorized End User has accepted the Imagery or any <br />other product or service delivered by Valtus. The Authorized End User acknowledges and agrees <br />that Valtus 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 <br />between the parties(including the risk that a contract remedy may fail of its essential purpose and <br />cause consequential loss),and that the same form an essential <br />basis of the bargain between the parties. <br />This agreement will terminate automatically without notice, and all access to the <br />Services and the Imagery will be terminated,if the Authorized End User fails to comply with any <br />term of this Agreement. In the event of telthination,the Authorized End User must immediately <br />return the Imagery to Valtus or destroy it and certify this destruction in writing to Valtus. <br />This Agreement is the complete and exclusive statement of the understanding between the <br />Authorized End User and Valtus with respect to the Imagery and the Services and may be amended <br />or modified only in a written instrument signed by a duly authorized representative of both parties. <br />If any provision is determined to be invalid or unenforceable,the remaining provisions of this <br />Agreement shall continue to be valid and enforceable. Without the prior written consent of Valtus, <br />Consolidated Technology Services Page 5 of 10 Kittitas County <br />Valtus and Imagery Services CTS Service Level Agreement:2017-001 <br />OIC CTS Customer Service Agreement:8190-0