The City of Rocky Mount Engineering Department (hereinafter referred to as CRMED) makes no warranty of any kind, express or implied, with respect to the file(s) which are the subject of this agreement, and specifically makes no warranty that said file(s) shall be merchantable or fit for any particular purpose. Furthermore, any description of said file(s) shall not be deemed to create an express warranty that such files shall conform to said description. The exhibition of any sample or model shall not be regarded as part of the basis of this agreement and shall not create an express warranty that the whole of the file(s) provided hereunder shall conform to any sample or model.
Receiver assumes all risk and liability for any losses, damages, claims or expenses resulting from the use, possession or resale of any file(s) furnished by CRMED pursuant to this agreement.
Receiver agrees to indemnify, defend and hold harmless CRMED, its officers, agents, and employees from and against any and all claims, suits, losses, damages or cost, including attorney's fees, arising from or by reason of receiver's use, possession or resale with respect to any of the file(s) furnished by CRMED pursuant to this agreement, and such indemnification shall survive acceptance of said file(s) by receiver.
Receiver agrees that it will not advertise, order for resale, or sell the file(s) furnished hereunder.
Receiver agrees that the CRMED has made every reasonable effort to provide information in a file format which offers cross platform solutions (for both application and file compression). Some CRMED files are compressed. Compressed files can be identified by a file extension, (e.g., .sit, .bin, .hqx, .zip, or .arc).
Receiver agrees that CRMED cannot be held responsible for problems arising from files which have been converted for use in non-native applications.
Receiver agrees that CRMED cannot provide files in other file or compression formats, and agrees to use the files in the format provided.
The terms and conditions constitute the complete and final agreement of the parties hereto.