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This Remote Access Agreement becomes effective when the Client ‘Accepts’ the Terms and Conditions listed below.
CRT sells and services point of sale (POS) technology systems; the Client is a user of CRT’s POS systems; the Client desires that certain persons have remote access to its POS technology system; and CRT is willing to utilize ‘Remote Access’ for the benefit of the Client in accordance with this Agreement;
THEREFORE, in consideration of the foregoing and the agreements herein contained, and for other valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree as follows:
- Remote Access. CRT may utilize ‘Remote Access’ to support the Client’s POS technology System(s), provided that the Client has accepted the Terms and Conditions of this agreement.
- Limitation of Liability. CRT shall have no liability to the Client of any nature whatsoever arising or resulting from or connected with the access to, use of, or the denial of access to or use of, Client’s POS Technology System via Remote Access, provided that such access, use, or denial of access or use has been authorized by Client in accordance with this Agreement. Client shall indemnify and hold CRT harmless from any loss, fee, cost, expense, damage, liability or claim (including, without limitation, reasonable attorneys’ fees and costs) arising out of, based upon, or resulting from the access to, use of, or the denial of access to or use of, Client’s POS Technology System via Remote Access which has been authorized by Client in accordance with this Agreement.
- Attorneys’ Fees. In the event of any dispute between the parties arising from or relating to this Agreement, the prevailing party in such dispute shall be entitled to recover from the non-prevailing party its reasonable attorneys’ fees and costs arising from or related to such dispute.
- Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior written or oral agreements, understandings, or arrangements.
- Law Governing. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Arizona, without regard to the choice of law principles of the State of Arizona or of any other jurisdiction.
- Waiver. No failure by either party hereto to exercise, and no delay in exercising, any right hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right hereunder by either party preclude any other or future exercise of that right or any other right hereunder by that party.
- Severability. If for any reason any portion of this Agreement shall be held invalid or unenforceable, the same shall not affect any other portion hereof, and the remaining portions hereof shall remain in full force and effect
- Headings. The headings contained in this Agreement are for convenience of reference only, and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent, of this Agreement or any provision hereof.