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System data and information is developed solely for Utilities' internal use only. There are no warranties or guarantees, either expressed or implied, as to the completeness, accuracy or correctness of any system data, information or products that may be made available to the public or non-Utilities City departments. There are no warranties, either expressed or implied, of merchantability or fitness of the data, information or products for a particular purpose or intended use by the public or non-Utilities City departments. (Ord. 98-173; Ord. 01-42)
The system constitutes proprietary information and trade secrets of the Utilities and the City of Colorado Springs, whether or not any portion thereof is or may be validly patented, trademarked or copyright registered.
No user shall reproduce by print, magnetic, electronic, optical or any other means any portion of the system or its components. No user shall have the right to license, sublicense, assign, sell, copy or otherwise make available to other persons parts or all of the system data without the express prior written permission of the Chief Executive Officer.
The use of all nonstandard products and services shall be restricted to the purpose for which the Chief Executive Officer agrees to produce and/or deliver the products and services, which shall be stated in the contract or lease agreement for persons and in the memorandum of understanding for participants. (Ord. 98-173; Ord. 01-42; Ord. 18-42)
A. Nothing in this article shall be construed to create or impose any duty upon the City of Colorado Springs to plan, develop, implement, operate, maintain or manage the system.
B. The City and Utilities shall not be liable to any subscriber, client or person for failure to plan, develop, implement, operate, maintain or manage the system, nor shall the City or Utilities be liable where the failure is caused by or results from a strike, an act of God, an unavoidable accident or other contingency beyond the control of the City.
C. The City and Utilities are not responsible for damages or losses, including without limitation, incidental, consequential or special damages, arising out of the use of or reliance upon any data, information or products that may be furnished any person. Each person or non-Utilities City department obtaining products or service from Utilities shall agree that the system information or data provided shall be used and relied upon only at the risk of the user. Each person shall agree to indemnify and hold harmless the Utilities and City of Colorado Springs, its officials, officers, employees and servants from any liability, claims, loss, damages, injury, costs, and attorney fees arising out of procuring, using, relying upon, compiling, collecting, interpreting, producing or communicating the data, information or products. (Ord. 98-173; Ord. 01-42)