2017.12.18 CC Packet - Laserfiche WebLink

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be increased (under a new Order) but cannot be decreased during any Subscription Period. 3. USE OF THE SERVICE 3.1. Accela's Responsibilities. Accela will: (i) provide to Customer support related to the Service in accordance with the Accela Support Terms accessible at https://accela.box.com/SaaSSupportPolicy (which URL location and content may be updated from time to time by Accela) and (ii) provide the Service only in accordance with applicable laws and government regulations. 3.2. Customer's Responsibilities. Customer will (i) be responsible for meeting Accela's applicable minimum system requirements for use of the Service; (ii) be responsible for End Users' compliance with these Terms and for any other activity (whether or not authorized by Customer) occurring under Customer's account, (iii) be solely responsible for the accuracy, quality, integrity and legality of Communication Data, (iv) use commercially reasonable efforts to prevent unauthorized access to or use of the Service under its account, and notify Accela promptly of any such unauthorized access or use, and (v) use the Service only in accordance with the applicable documentation, laws and government regulations, and any written instructions provided by Accela to Customer. 3.3. Prohibitions. Customer will not, and will ensure that its End Users do not, (i) make the Service available to anyone other than End Users; (ii) sell, resell, rent, lease or transfer the Service in whole or in part to any third party (including Customer affiliates) without the express permission of Accela and execution of designated transfer documentation; (iii) use the Service to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third - party privacy or intellectual property rights; (iv) use the Service to store or transmit viruses, worms, time bombs, Trojan horses and other harmful or malicious code, files, scripts, agents or programs; (v) interfere with or disrupt the integrity or performance of the Service or third -party data contained therein; (vi) attempt to gain unauthorized access to the Service or any related systems or networks; or (vii) obtain intellectual property rights to the use of any component of the Services (inclusive of APIs). Accela SaaS Master Services Agreement Form Approved by Legal (v.1 09/15/2017) 3.4. Software. End Users may need to download and install client Software (as made available by Accela or otherthird party authorized by Accela) on each device through which they intend to use the Service. All use of such Software will be governed by terms of the applicable license agreement or terms of use that accompanies or is made available in connection with the Software. Customer acknowledges that each End User (or authorized Customer representative) must accept such license agreement, and have Service - compatible device(s), to download, install, and/or use the Software. Nothing in these Terms will be deemed to grant to Customer rights of any kind in the Software. 3.5. Security Data and Privacy. Customer understands that failure to protect Security Data may allow an unauthorized person or entity to access the Service. In addition, Customer acknowledges that Accela generally does not have access to and cannot retrieve lost Security Data. If Customer loses Security Data, Customer may no longer have access to the Service. Customer agrees that: (i) Customer (or its End User) is solely responsible for collecting, inputting and updating all Security Data; (ii) Accela assumes no responsibility for supervision, management or control of Customer's and End Users' Security Data; and (iii) Accela assumes no responsibility for any fraudulent or unauthorized use of the Software or any portion of the Service. To the extent that Accela has access to any personally identifiable information gathered from Customer or from End Users in connection with the Service, such information will be governed by the provisions of the Accela Privacy Policy, a copy of which is available on the Accela website at https://accela.box.com/PrivacyPolicy (which URL location and content may be updated from time to time by Accela). 4. PROPRIETARY RIGHTS 4.1. Reservation of Rights. Subject to the limited rights expressly granted hereunder, Accela reserves all rights, title and interest in and to the Service and any associated Software and documentation, including all related Intellectual Property Rights. No rights are granted to Customer hereunder other than as expressly set forth herein. 4.2. Restrictions. In addition to the other prohibitions set forth in these Terms, Customer will not and will ensure that its agents do not (i) create derivate works based on the Service, (ii) copy, frame or mirror any Page 10 of 19 City of Hugo, MN