Common use of THE CMS Clause in Contracts

THE CMS. i3 will provide the Company with the CMS in accordance with this Agreement and any applicable dealer agreement(s), and except as herein and therein set forth i3 makes no guarantees as to any specific feature(s) of the CMS. If the Company requires configuration, set-up, support, and training services from i3 for the CMS, those services and related charges will be set out in a dealer agreement signed by both i3 and the dealer. Any such dealer agreements shall be subject to and governed by this Agreement, and by the provisions of i3’s Customer Care Policy: Technical Support and Services: Policies, Terms, Conditions & Warranty; Shipping Policy; RMA Policy; and Expired Warranty set forth on i3’s website. i3 alone (and its licensors, where applicable) is the owner of all right, title and interest, including all related Intellectual Property Rights, in and to i3’s Technology, the Content and the CMS. This Agreement is not a sale and does not convey to the Company any rights of ownership in or related to the CMS, the Content, i3’s Technology, or the Intellectual Property Rights owned by i3 or its licensors. i3 reserves the right to modify the CMS or its policies relating to the CMS in its discretion from time to time, provided that (i) i3 does not consider such modification to result in the CMS being materially worse than the CMS provided at the Effective Date or (ii) such modification has been agreed upon by the parties. i3 provides the CMS to the Company pursuant to the terms and conditions of this Agreement. The Company recognizes however that certain third-party providers of ancillary software, hardware, or services may require its agreement to additional of different license or other terms prior to the Company’s use of or access to such software, hardware, or services. Except as set forth in the Purchase Order Forms or Dealer Agreement, i3 makes no guarantees as to the continuous availability or performance of the CMS or any specific features of the CMS.

THE CMS. i3 will provide the Company with the CMS in accordance with this Agreement and any applicable dealer agreement(sPurchase Order Form(s), and except as herein and therein set forth i3 makes no guarantees as to any specific feature(s) of the CMS. If the Company requires configuration, set-up, support, and training services from i3 for the CMS, those services and related charges will be set out in a dealer agreement Purchase Order Form(s) signed by both i3 and the dealerCompany. Any such dealer agreements Purchase Order Form shall be subject to and governed by this Agreement, and by the provisions of i3’s Customer Care Policy: Technical Support and Services: Policies, Terms, Conditions & Warranty; Shipping Policy; RMA Policy; and Expired Warranty set forth on i3’s website. i3 alone (and its licensors, where applicable) is the owner of all right, title and interest, including all related Intellectual Property Rights, in and to i3’s Technology, the Content and the CMS. This Agreement is not a sale and does not convey to the Company any rights of ownership in or related to the CMS, the Content, i3’s Technology, or the Intellectual Property Rights owned by i3 or its licensors. i3 reserves the right to modify the CMS or its policies relating to the CMS in its discretion from time to time, provided that (i) i3 such modification does not consider such modification to result in the CMS being materially worse than the CMS provided at the Effective Date or (ii) such modification has been agreed upon by the parties. parties i3 provides the CMS to the Company pursuant to the terms and conditions of this Agreement. The Company recognizes however that certain third-party providers of ancillary software, hardware, or services may require its agreement to additional of different license or other terms prior to the Company’s use of or access to such software, hardware, or services. Except as set forth in the Purchase Order Forms or Dealer Agreement, i3 makes no guarantees as to the continuous availability or performance of the CMS or any specific features of the CMS.