|
<br />~ !~~~i.S. .~? ~:. ~! ~~ ~~............... ._.......... ....,..,...,.,.....,.................~ ;.~ ~ ;;.~. ~.~. ~.~ ~.~:.t..9.,. ~ ?~~..
<br />Statement of Work #: HC-Cass County-2006-0803 vl,1 Page 13
<br />
<br />transferred or otherwise distributed to any other user; (c) Altiris may
<br />immediately terminate Customer's use of the Customizations if Customer fails
<br />to comply with any of these restrictions, and (d) THE CUSTOMIZATIONS ARE
<br />PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, THIS IS NOT A WORK
<br />FOR HIRE AGREEMENT. Altiris does not assign or transfer ownership of any
<br />intellectual property to Customer or grant any exclusivity to Customer.
<br />
<br />Information Transfer, Customer may access on-line services to transfer data to
<br />Altiris electronically and/or may authorize an Altiris support engineer to access
<br />Customer's computing environment via electronic means for the purpose of
<br />troubleshooting or acquiring data pertinent to the troubleshooting process,
<br />Customer shall not submit electronically or otherwise give Altiris access to any
<br />documents, files, programs, or other data (collectively, "Customer Data") that are
<br />or are alleged to be confidential or proprietary to any third party, unless
<br />Customer first obtains all necessary licenses and approvals to do so, Customer
<br />will indemnify and hold Altiris harmless from any and all liability, damages,
<br />costs and expenses, including settlement amounts and reasonable attorneys'
<br />fees, arising out of Customer's submission of Customer Data or Altiris'
<br />reasonable use of any Customer Data to which Altiris has been given access
<br />hereunder.
<br />
<br />Software Alterations, Customer shall not make, attempt to make, or cause to be
<br />made any repairs, fixes or alterations to any Licensed Software unless approved
<br />in advance and in writing by Altiris,
<br />
<br />Subcontract. Altiris may subcontract any portion of the Services, including on-
<br />site or implementation services, to a third party contractor without the prior
<br />consent of Customer, provided that Altiris remains fully responsible to Customer
<br />for the delivery of such Services as set forth in this Agreement Any such
<br />subcontractor, will for all purposes, be deemed to be an independent contractor
<br />of Altiris and not an employee, agent, or partner of Altiris,
<br />
<br />File Protection. Customer understands that files may be altered or damaged in
<br />the course of providing services and that Customer is solely responsible to take
<br />all appropriate measures to isolate and back-up its computer systems,
<br />programs, data and files, and to take all actions necessary to protect the same,
<br />
<br />LIMITED WARRANTY, Altiris warrants that the Services will be provided in a
<br />professional and workmanlike manner and in accordance with applicable
<br />industry standards, THIS LIMITED WARRANTY IS EXCLUSIVE AND IS IN LIEU OF
<br />ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, STATUTORY OR
<br />OTHERWISE, WITH RESPECT TO THE SERVICES AND DELlVERABLES PROVIDED
<br />
<br />,.".".0."",."",...", ...."..."..,....,...",....,.,.....,...,....",..",.."".."..,."..,.....,.".,.,.,..
<br />
<br />@2006Altiris, Inc. All Rights Reserved. Copying or Distribution Prohibited,
<br />CONFIDENTIAL, TERMS SUI\IECT TO NON-DISCLOSURE AGREEMENT AND/OR CONFIDENTIALITY CLAUSES WITHIN
<br />MASTER AGREEMENT.
<br />
<br />altiris'
<br />
|