Laserfiche WebLink
- <br /> <br />Enterprise Management System Customer Agreement <br /> <br />Page 4 <br /> <br />(f) In no event shall either party be liable to the other for any loss or injuries to earnings, profits <br />or goodwill, or for any consequential, exemplary, special, incidental or punitive damages of <br />any person or entity (including damages for loss of business profits, business Interruption, <br />loss of business information, and the like) whether arising in contract, tort or otherwise, even <br />jf either party has been advised of the possibility of such damages. OPT shall not be liable for <br />any claim arising from the use of software or data which has been modified by anyone other <br />than OPT, Its agents, assigns or subcontractors, or for any claim arising from the use of any <br />software developed or modified by customer, its agents, assigns or subcontractors, or which <br />has been provided to or acquired by customer under any license or otherwise from any third <br />party. <br /> <br />(g) OPT shall not be responsible for, expressly or impliedly, any contractual obligation or liability <br />of any kind whatsoever of the Customer or the Customer's employees or agents. The <br />Customer hereby agrees to indemnify and hold OPT harmless from any and all claims, losses, <br />lawsuits, liabilities, expenses, costs, damages and fees (including attorney's fees) arising <br />from the Customer or the Customer's employees' and/ or agents' activities with respect to <br />breaches of the warranties hereunder, or any errors and omissions in using the Services <br />provided hereunder in connection with the Customer's provision of services to any third party. <br /> <br />(h) The limitations set forth in this section shall apply even if other remedies fail of their essential <br />purpose. <br /> <br />7. CONFIDENTIALllY <br /> <br />(1) Subject to any contrary requirement of law and the right of each party to enforce its rights <br />hereunder in any legal action, each party shall keep strictly confidential, and shall cause and <br />require its employees, agents and consultants to keep strictly confidential, any and all information <br />which it or any of Its employees or agents may acquire pursuant to, or in the course of performing <br />its obligations under, any provision of this Agreement; provided, however, that such obligation to <br />maintain confidentiality shall not apply to information which at the time of disclosure was in the <br />public domain not as a result of acts by the receiving party. Each party acknowledges that the <br />unauthorized disclosure or use of confidential information or the other party would cause <br />irreparable harm and significant injury to the non-disclosing party that may be difficult to <br />compensate. Accordingly, each party hereto agrees that the non-disclosing party shall have the <br />right to seek and obtain temporary and permanent injunctive relief In addition to any other rights <br />and remedies it may have. For purposes hereof, the obligation of confidentiality shall not apply to <br />information that is; <br /> <br />(a) In the public domain at the time of disclosure; <br /> <br />(b) Has been lawfully obtained by the disclosing party from a third party under no obligation of <br />confidentiality; or <br />