The County may, from time-to-time, pass resolutions governing the use of the County’s remote access system. This contract is subject to currently existing laws and regulations and shall be amended at the end of each year to conform to any laws or regulations passed by the County concerning this use.

Delivery of the service to the Customer shall be made by the County only after the customer has fully executed this agreement and returned it to County.

This Agreement does not constitute a sale of any title or interest in the records. The County reserves all rights not expressly granted to the Customer by this Agreement.

Some public records may be protected by the copyright laws of the United States and are being furnished with all rights reserved. No part of the information may be copied, reproduced or transmitted in any form or by any means whatsoever, including but not limited to electronic, mechanical, recording, scanning, or by any information or retrieval system for any un-approved purpose without the expressed written permission of the County. The customer shall not license, sub-license, assign, release, publish, transfer, sell or otherwise make available the records or portion thereof to a third party without the expressed written permission of the County.

The records have been developed for internal use only. The Customer understands and acknowledges that the database and the records themselves are subject to constant change and that their accuracy and completeness cannot be guaranteed. The County makes no warranties or guarantees, either expressed or implied, of merchantability or fitness of such records for a particular purpose.

The County is not responsible for incidental, consequential, or special damages arising out of the use of the records provided to the Customer. The Customer agrees that the records shall be used and relied upon only at the risk of the Customer. The Customer agrees to indemnify and hold harmless the County, its officials, officers, employees and servants from any liability, claims, loss, damages, injury, costs and attorney fees arising out of procuring, compiling, collecting, interpreting, production, using or communicating the records or information contained therein.

In the event the Customer breaches any of the terms, conditions, covenants, or agreements contained in the Agreement, not only shall the license granted herein immediately cease, but the County shall thereupon have the right to any and all legal or equitable remedies, including but not limited to injunctive relief.

The Customer agrees to recognize and honor in perpetuity the copyrights, and other proprietary claims for databases, collateral information, and data products established or produced by the County or the vendors furnishing said items to the County.

This Agreement embodies the entire agreement between the Customer and the County. The parties shall not be bound by or liable for any statement, representation, promise inducement, or understanding of any kind or motive not set forth herein. No additional amendments or modifications of any of the terms or conditions of the Agreement shall be valid unless reduced to writing and signed by the parties.

Neither this Agreement nor the rights granted by it shall be assigned or transferred by the Customer under any circumstance whatsoever. This restriction on assignments and transfers shall apply to assignments or transfers by operations of law, as well as by contract, merger, or consolidation. Any attempted assignment or transfer in derogation of this prohibition is void.

The Customer will do or cause to be done all things necessary to preserve its rights and meet its obligations under this Agreement.

This Agreement contains no financial commitments on the part of the County, and any financial commitments on the part of the County which become a part of this Agreement are subject to appropriation by the Duchesne County Commission.

The laws of the State of Utah shall govern this Agreement.