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RES 89511
City of Pleasanton
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CITY CLERK
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RESOLUTIONS
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1980-1989
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1989
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RES 89511
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Last modified
5/8/2012 4:16:58 PM
Creation date
11/23/1999 11:01:40 PM
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CITY CLERK
CITY CLERK - TYPE
RESOLUTIONS
DOCUMENT DATE
12/12/1989
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Warranty: <br /> <br />Deltasystems warrants to Licenses that for a period of one year <br />after the date of this agreement, the Software will perform those <br />functions described in accordance with the current documentation <br />delivered by Deltasystems with the Licensee's copy of the <br />Software. If during the one year period the Licensee notifies <br />Deltasystems that such Licensee suspects an error in the program <br />logic or documentation of the Software, Deltasystems shall use <br />its best efforts to confirm the existence of such an error <br />without charge to Licenses and correct the error so that the <br />Software will function in accordance with documentation. If <br />Deltasystems shall determine that no such error exists, Licensee <br />shall pay Deltasystems for Deltasystem's services in attempting <br />to confirm the existence of the error at Deltasystem's standard <br />rates then in effect and shall also pay and reimburse <br />Deltasystems for travel and reasonable living expenses incurred <br />by Deltasystems and its personnel in performing said services. <br /> <br />The foregoing warranty is in lieu of all other warranties <br />expressed or implied, including but not limited to implied <br />warranties of merchantability or fitness for a particular <br />purpose, and all such other warranties are expressly disclaimed. <br />The foregoing warranty does not apply to the software if used, in <br />whole or in part, at any place other than licensee's facility or <br />with equipment other than that on which the system was installed <br />by Deltasystems under this agreement; and such warranty shall be <br />null and void in the event the licenses or anyone other than <br />Deltasystems or its employees shall modify the software or any <br />part thereof or in the event the licenses shall use or permit or <br />allow the software to be used in a manner inconsistent with the <br />specifications of the system contained in the documentation <br />delivered to the licenses relating to the software. <br /> <br />The foregoing remedy for Breach of Warranty (correction of the <br />defect) shall be the sole and exclusive remedy of licenses for <br />Breach of Warranty obligations. In no event shall Deltasystems <br />be liable for any indirect, special, incidental, or consequential <br />damages arising out of any Breach of Warranty or arising out of <br />the use by Licenses of the Software or any other programs, <br />Documentation and service provided by Deltasystems hereunder, or <br />otherwise arising out of or under this agreement. In the event <br />any defect in program logic or documentation shall be discovered <br />which Deltasystems is unable to correct, Deltasystems shall in no <br />event be liable for damages in respect thereof in excess of $500 <br />U.S. dollars. <br /> <br />Deltasystems Support Page 4 of 5 <br />Agreement 7/1/89 <br /> <br /> <br />
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