Reso 2026-3965 - Laserfiche WebLink

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41-1 3.2 The Department/Customer Compliance. The Department/Customer shall use, and will ensure that all Authorized Users use, each Platform, Software, and the Services in full compliance with this Agreement, Sharp Performance's end -user terms of use and all applicable laws and regulations. The Department/Customer represents and warrants that it (i) has accessed and reviewed any terms of use or other policies relating to a Platform provided by Sharp Performance, (ii) understands the requirements thereof, and (iii) agrees to comply therewith. Sharp Performance may suspend the Department's/Customer's account and access to each Platform and performance of the Services at any time and without notice if Sharp Performance believes that the Department/Customer is in violation of this Agreement. Although Sharp Performance has no obligation to monitor the Department's/Customer's use of a Platform, Sharp Performance may do so and may prohibit any use it believes may be (or alleged to be) in violation of the foregoing. 3.3 Cooperation. The Department/Customer shall provide all cooperation and assistance as Sharp Performance may reasonably request to enable Sharp Performance to exercise its rights and perform its obligations under, and in connection with, this Agreement, including providing Sharp Performance with such access to the Department's/Customer's premises and its information technology infrastructure as is necessary for Sharp Performance to perform the Services in accordance with this Agreement. 3.4 Training and Education. The Department/Customer shall use commercially reasonable efforts to cause the Department/Customer Users to be, at all times, educated and trained in the proper use and operation each Platform such the Department/Customer Users utilize, and to ensure that each Platform is used in accordance with applicable manuals, instructions, specifications and documentation provided by Sharp Performance from time to time. 3.5 The Department/Customer Systems. The Department/Customer shall be responsible for obtaining and maintaining —both the functionality and security of —any equipment and ancillary services needed to connect to, access or otherwise use each Platform, including modems, hardware, servers, software, operating systems, networking, web servers and the like. 3.6 Restrictions on Export. The Department/Customer may not remove or export from the United States or allow the export or re- export of the Software or anything related to a Platform, Software or Services, or any direct product thereof in violation of any restrictions, laws or regulations of any United States or foreign agency or authority. 4. CONFIDENTIALITY. 4.1 Confidential Information. Each Party (the "Receiving Party") understands that the other party (the "Disclosing Party") has been, and may be, exposed to or acquired business, technical or financial information relating to the Disclosing Party's business (hereinafter referred to as "Confidential Information"). Confidential Information of Sharp Performance includes non-public information regarding features, functionality and performance of each Platform and Software. Confidential Information of the Department/Customer includes non-public data provided by the Department/Customer to Sharp Performance to enable the provision of access to, and use of, the Page 4 of 14