3.3. SR 07-14-2008 - Laserfiche WebLink

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the Court and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law. 10. AVAILABILITY. Specific terms of availability shall be established by the Court and set forth in the Polices & Notices. The State reserves the. right to terminate this Agreement immediately and/or temporarily suspend Subscriber's approved Data Services in the event the capacity of any host computer system or legislative appropriation of funds is determined solely by the Court to be insufficient to meet the computer needs of the courts served by the host computer system. Monthly fees, if any, shall be prorated only for periods of suspension or upon termination of this Agreement. 11. ACKNOWLEDGMENT BY INDIVIDUALS WITH ACCESS TO COURT RECORDS UNDER THIS AGREEMENT. To effect the purposes of this agreement, Subscriber shall advise each individual who is permitted to use and/or access Court Records under this Agreement of the requirements and restrictions in this Agreement and shall require each individual to acknowledge in writing that the individual has read and understands such requirements and restrictions. Subscriber shall keep such acknowledgements on file for one year following termination of this Agreement and shall provide the Court with access to, and copies of, such acknowledgements upon request. 12. ADDITIONAL USER OBLIGATIONS. The obligations of the Subscriber set forth in this section are in addition to the other obligations of the Subscriber set forth elsewhere in this Agreement. a. Judicial Policy Statement. Subscriber agrees to comply with all policies identified in applicable Policies & Notices. Upon failure of the Subscriber to comply with -such policies, -the-Court shall have. the option_of immediately suspending the Subscriber's Data Services on a temporary basis and/or immediately terminating this Agreement. b. Access and Use; Log. Subscriber shall be responsible for all access to and use of Data Services and Court Records by Subscriber's bona fide personnel or by means of Subscriber's equipment or passwords, whether or not Subscriber has knowledge of or authorizes such access and use. Subscriber shall also maintain a log identifying all persons to whom Subscriber has disclosed its Court Confidential Security and Activation Information, such as user ID(s) and password(s), including the date of such disclosure. Subscriber shall maintain such logs for a period of one year following termination of this agreement, and shall provide the Court with access to, and copies of, such logs upon request. The Court may conduct audits of Subscriber's logs and use of Data Services and Court Records from time to time. Upon Subscriber's failure to maintain such logs, to maintain accurate logs, or to promptly provide access by the Court to such logs, the State may terminate this Agreement without prior notice to Subscriber. c. Personnel. Subscriber agrees to investigate, at the request of the Court, allegations of misconduct pertaining to Subscriber's bona fide personnel having access to or use of Data Services, Court Confidential Information, or trade secret information of the SCAO and its licensors where such persons violate the provisions of this Agreement, Policies .., '"1E,`T1~: ~If?f~ ~: t3ii~~ Licii~ r.;~;3~;.riL;t,'c ifi:'t'iw`v'L' ~,~3`I~ ~1'3, L~ {.~ 1 ~.;..~'~'_.~i~'~~-'' ~ ._ `" "