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METROPOLITAN TRANSPORTATION COMMISSION (MTC) PAVEMENT MANAGEMENT SYSTEM (PMS) <br /> LICENSE AGREEMENT <br /> (Page Two) <br /> <br />MTC retains all rights not expressly granted. Nothing in this License Agreement <br />constitutes a waiver of MTC's rights under the U.S. copyright laws or any other Federal <br />or State of California statutes. <br /> <br /> LIMITED ~UkRRANlY: <br /> <br />If you discover physical defects in the PMS documentation, software or video tapes, MTC <br />will replace them at no charge to'you, provided you return the item to be replaced with <br />proof of purchase to MTC within 90 days after you have received the PMS documentation, <br />s~ftware or video tapes. <br /> <br />MTC EXCLUDES ANY AND ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY AND <br />FITNESS FOR A PARTICULAR PURPOSE, AND LIMITS YOUR REMEDY TO RETURN OF THE SOFTWARE, <br />DOCUMENTATION AND/OR VIDEO TAPES TO MTC FOR REPLACEMENT. <br /> <br />Although MTC has tested the PMS software and video tapes and reviewed the documentation, <br />MTC MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO SUCH <br />SOFTWARE, DOCUMENTATION OR VIDEO TAPES, INCLUDING THEIR QUALITY, PERFORMANCE, <br />MERCHANTABILITY, OR FITNESS FORrA PARTICULAR PURPOSE. AS A RESULT, THIS SOFTWARE, <br />DOCUMENTATION AND/OR VIDEO TAPES ARE LICENSED "AS IS" AND YOU, THE LICENSEE, ARE ASSUMING <br />THE ENTIRE RISK AS TO THEIR QUALITY AND PERFORMANCE. <br /> <br />IN NO EVENT WILL MTC BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL <br />DAMAGES ARISING OUT TO THE USE OR INABILITY TO USE THE SOFTWARE, DOCUMENTATION OR VIDEO <br />TAPES, even i f advised of the possi bi 1 i ty of such damages. In parti cul ar, MTC shal 1 have <br />no liability for any program or data stored or used with MTC software, including the costs <br />of recovering such programs or data. <br /> <br />THE WARRANTY AND REMEDIES SET FORTH ABOVE ARE EXCLUSIVE AND IN LIEU OF ALL OTHERS, ORAL OR <br />WRITTEN, EXPRESS OR IMPLIED. No MTC agent or employee is authorized to make any <br />modification, or addition to this warranty. <br /> <br />Any question as the interpretation of any of the provisions of the licensing agreement <br />shall be governed by applicable federal statutes and the laws of the State of California. <br /> <br /> GENEP~AL: <br /> <br />Should you have any questions concerning this Agreement, you may contact MTC by writing to: <br /> <br /> Metropol i tan Transportati on Commission <br /> lO1 - 8th Street <br /> Oakland, California 94607 <br /> Attention: Planning Section <br /> CITY OF PLEASANTON <br /> <br /> Authorized , Licensee <br /> (Date) Signature: James R. Walker <br /> <br /> City Manager <br /> Title: <br /> CITY OF PLEASANTON <br /> Company: <br />PS/mm'm <br />9413L APPRCVED AS TO FORM: ATTEST: <br /> <br /> Michael H. Roush Doris George, Deputy City Clerk <br /> City Attorney <br /> <br /> <br />