and Requestor may not make or attempt to make any modifications to it.
4. USE: The Requestor may not use, disclose, or permit a third party to use or disclose the Information:
A. for any unlawful, tortious, or malicious act; or
B. to sell or solicit for sale goods or services to any person whose identity is obtained by having this
special access to the Information.
5. MANNER: Requestor may access the Information only in the manner that the Clerk expressly
authorizes. Requestor agrees not to use nor permit use of the on-line access to the Information in any
manner or for any purpose that the Clerk has not authorized or that is unlawful or likely to damage the
Clerk's equipment or software that enables the on-line access. Requestor agrees to abide by the Clerk’s
Terms of Use as posted on the Internet login page used to obtain access to the Information. Requestor
acknowledges that the Clerk’s Terms of Use may be modified from time to time as the Clerk deems
necessary and prudent.
6. CUSTODY AND CONTROL: Requestor agrees that while accessing, viewing, and using the Information, the
Requestor will be under the same responsibilities and duties as the Clerk to protect and carefully keep the
Information, and will be subject to the same penalties for any violation of those responsibilities and duties. The
Requestor is to keep confidential those numbers or names in the Information that would identify a victim or
witness or that could be used to access their personal, governmental, financial, medical, or property records or
accounts. Requestor further agrees that the Clerk may at any time exercise control over the Information or
implement and enforce, without notice, such rules and restrictions as the Clerk sees fit for the use of and access to
the Information. This may include interruption or temporary termination of Requestor's access to the Information
as the Clerk may deem necessary for the purposes of security, systems administration, or any other purpose.
7. EQUIPMENT AND CONNECTIONS: The Requestor will obtain and supply, at Requestors sole cost, all equipment,
including computer, software, and peripherals and pay for any and all fees or costs necessary to implement this
Agreement.
8. TERM: This Agreement will continue until such time as it is terminated.
9. TERMINATION: The Requestor or Clerk may terminate this Agreement at any time for any reason, without
notice.
10. INDEMNIFICATION: To the extent allowed by law, the Requestor agrees to indemnify and hold harmless Travis
County and its officers and employees from any and all loss, liability, cost or expense arising out of or related to a
breach of this Agreement; for use or misuse of the Information by Requestor, Requestor’s employee, or any person
gaining access to the Information, whether through consent, acquiescence, or negligence of Requestor or
Requestor's agents or employees.
11. DISCLAIMERS AND LIMITATIONS OF LIABILITY:
A. Requestor acknowledges that the Information does not necessarily reflect all the work in process
by the Clerk's staff with respect to any particular case and may not reflect the most current information that
the Clerk has received.
B. The Clerk is not liable in any manner under this Agreement for any error, inaccuracy, or
incompleteness of the Information for which access is provided. Requestor releases the Clerk from any
claim, demand, or suit arising or resulting from any such error, inaccuracy, or incompleteness.
C. NO WARRANTIES. THE CLERK DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF THE
SOFTWARE OR EQUIPMENT, AND REQUESTOR ASSUMES ALL RISK RELATED TO THE USE AND ACCESS
PROVIDED UNDER THIS AGREEMENT.
D. THE CLERK DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY WITH RESPECT TO THE ACCURACY,
COMPLETENESS, OR TIMELINESS OF THE INFORMATION.
E. THE CLERK DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY OF THE INFORMATION'S FITNESS
FOR A PARTICULAR PURPOSE.
12. ASSIGNMENT OR SUBCONTRACT: The Requestor can neither assign this Agreement nor subcontract the
