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<br />Consulting Services Agreement between City of San Leandro and Last revised 3/23/2021 <br />CivicPlus, LLC for Website Update Project Page 15 of 16 <br />“frame” or “mirror” any Consultant Property administrative access on any other server or <br />wireless or internet-based device that may allow third party entities, other than City, to use <br />the Services; (iv) reverse engineer, decompile, disassemble or otherwise attempt to obtain <br />the source code to all or any portion of the Services; or (v) access any Consultant Property <br />in order to (a) build a competitive product or service, (b) build a product using similar ideas, <br />features, functions or graphics of any Consultant Property, or (c) copy any ideas, features, <br />functions or graphics of any Consultant Property. The Consultant name, the Consultant <br />logo, and the product and module names associated with any Consultant Property are <br />trademarks of Consultant, and no right or license is granted to use them outside of the <br />licenses set forth in this Agreement. <br /> <br />Provided City complies with the terms and conditions herein, the relevant SOW, and <br />license restrictions set forth in this section, Consultant hereby grants City a limited, <br />nontransferable, nonexclusive, license to access and use the Consultant Property <br />associated with any valid and effective SOW, for the term of the respective SOW. <br /> <br /> <br />10.16 Party Responsibilities. Consultant will not be liable for any act, omission of act, <br />negligence or defect in the quality of service of any underlying carrier, licensor or other <br />third-party service provider whose facilities or services are used in furnishing any portion of <br />the Service received by the City. <br /> <br />Consultant will not be liable for any failure of performance that is caused by or the result of <br />any act or omission by City or any entity employed/contracted on the City’s behalf. During <br />Project Development, City will be responsive and cooperative with Consultant to ensure <br />the Project Development is completed in a timely manner. <br /> <br />City agrees that it is solely responsible for any solicitation, collection, storage, or other use <br />of end-user’s personal data on any Service provided by Consultant. City further agrees <br />that Consultant has no responsibility for the use or storage of end-users’ personal data in <br />connection with the Services or the consequences of the solicitation, collection, storage, or <br />other use by City or by any third party of personal data. <br /> <br />SIGNATURES ON FOLLOWING PAGE <br /> <br />DocuSign Envelope ID: E99D2A46-2E56-4E25-BA13-EFF4879851FC