Reso 2009-1403 - Laserfiche WebLink

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Enterprise Management System Customer Agreement Page 6 confidentiality provisions of this Section 8 both with respect to EMS Software and also with respect to Software Products covered by the License Agreements, (b) Not to use such licensed Software Products or EMS Software, except as contemplated by this Agreement. (4) The Customer and OPT are responsible for third party licenses as individually defined in Appendix C. Each part in the Agreement covers the cost of acquiring the necessary licenses according to the Agreement. (5) Liabilities - Licenses. The party responsible for the licensed Software product according to Appendix C shall cover liabilities occurring because of breach of license terms. This includes consequential damage. 9. TERM AND TERMINATION (1) OPT may terminate this Agreement upon immediate occurrence of the following events: (a) If the Customer fails to perform obligations hereunder or materially breaches any terms or condition of this Agreement; (b) If the Customer becomes insolvent, enters into an assignment for the benefit of Its creditors or commences bankruptcy proceedings, whether voluntary or involuntary; (c) If the representations and warranties made by the Customer in this Agreement are not true and correct in all material respects. (2) The Customer may terminate this Agreement upon the occurrence of one or more of the following events: (a) If OPT fails to address and resolve application specific issues within 30 days after receipt of notice from the Customer; (b) If DPT becomes insolvent, enters into an assignment for the benefit of its creditors or commences bankruptcy proceedings, whether voluntary or involuntary; (c) Upon 30 days written notice of cancellation to OPT. (3) Minimum Term is defined to be one full calendar month from the Effective Date of this Agreement. (4) If this Agreement is terminated by OPT prior to the expiration of the Minimum Term for the reasons described in Section 9(1)(a) through (1)(c) above or the Customer for reasons other than as described in Section 9(2)(a) above, the Customer agrees to be responsible for and pay OPT the fees pursuant to Section 3 hereof for the duration of the Minimum Term. (5) In the event of any termination of this Agreement, DPT shall be entitled to payment and the Customer shall be obligated to pay for any and all SelVices rendered by DPT under this Agreement