Laserfiche WebLink
<br /> <br />CONFIDENTIAL Cayenta Software and Subscription Agreement 2024-01-11 <br />Page 13 of 41 <br /> <br />(c) user error, or other use of the Software in a manner or in an operating environment for <br />which it was not intended or other than as permitted in the relevant scope of work or in this <br />Agreement; <br />(d) Organization’s failure to install a new Update which has been released to remedy an <br />error or bug, and which Harris has stated to Organization is a required Update necessary for <br />security purposes or for legislative compliance purposes or other reasons as Harris may <br />determine is important in its sole discretion; <br />(e) Organization’s failure to perform a re-validation of configuration settings following the <br />installation of an Update before using the Update in a production environment; or <br />(f) An event of force majeure as set out in Section 18.16. <br />9.4 Warranty Disclaimer <br />(a) EXCEPT TO THE EXTENT SET OUT IN SECTION 9.1 ABOVE, ORGANIZATION <br />ACCEPTS THE CAYENTA OFFERINGS, THE DOCUMENTATION, AND THE SUPPORT <br />SERVICES “AS IS” AND AS AVAILABLE, WITH NO REPRESENTATION OR <br />WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT <br />LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A <br />PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT OF INTELLECTUAL <br />PROPERTY RIGHTS, OR ANY IMPLIED WARRANTY ARISING FROM STATUTE, <br />COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. <br />WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (I) HARRIS DOES NOT <br />REPRESENT OR WARRANT THAT THE CAYENTA OFFERINGS WILL PERFORM <br />WITHOUT INTERRUPTION OR ERROR; (II) HARRIS MAKES NO WARRANTY OF ANY <br />KIND THAT THE PROTECTED IP OR THE CAYENTA OFFERINGS WILL MEET <br />ORGANIZATION’S OR ANY OTHER PERSON’S REQUIREMENTS, OPERATE WITHOUT <br />INTERRUPION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH <br />ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, <br />COMPLETE, FREE OF HARMFUL CODE OR ERROR FREE; AND (III) HARRIS DOES <br />NOT REPRESENT OR WARRANT THAT THE CAYENTA OFFERINGS ARE SECURE <br />FROM HACKING OR OTHER UNAUTHORIZED INTRUSION OR THAT ORGANIZATION <br />DATA WILL REMAIN PRIVATE OR SECURE. <br /> <br />(b) WITHOUT LIMITING THE FOREGOING, HARRIS DOES NOT MAKE ANY <br />REPRESENTATIONS OR WARRANTIES WHATSOEVER WITH REGARD TO PRODUCTS <br />OR SERVICES FROM THIRD PARTIES (INCLUDING WITHOUT LIMITATION THE THIRD- <br />PARTY PRODUCTS, HARDWARE, THE OPERATION OF THE INTERNET, NETWORK OR <br />OTHER COMMUNICATION SERVICES) AND ASSUMES NO RESPONSIBILITY OR <br />LIABILITY WITH RESPECT TO THE FOREGOING OR THE APPROPRIATENESS OF <br />ORGANIZATION’S DATA MANAGEMENT SYSTEM OR THE ACCURACY OF DATA <br />CONTAINED IN SUCH SYSTEM. <br /> <br />(c) HARRIS DOES NOT GUARANTEE THE PRIVACY, SECURITY, AUTHENTICITY, AND <br />NON-CORRUPTION OF ANY INFORMATION TRANSMITTED OR STORED IN ANY <br />SYSTEM CONNECTED TO THE INTERNET. HARRIS SHALL NOT BE RESPONSIBLE <br />FOR ANY ADVERSE CONSEQUENCES WHATSOEVER OF ORGANIZATION’S OR ITS <br />AUTHORIZED USERS’ CONNECTION TO OR USE OF THE INTERNET, AND HARRIS <br />SHALL NOT BE RESPONSIBLE FOR ANY USE BY ORGANIZATION OR ANY