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3 <br /> <br />REGARDING THEM OR ANY OTHER PRODUCT, SERVICE, OR MATERIAL PROVIDED HEREUNDER OR IN <br />CONNECTION HEREWITH. <br /> <br />HARRIS, ITS LICENSORS AND SUPPLIERS DISCLAIM ANY IMPLIED WARRANTIES OR CONDITIONS <br />REGARDING THE SERVICES AND ANY MATERIALS PROVIDED HEREUNDER OR IN CONNECTION <br />HEREWITH, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABLE QUALITY, <br />MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. <br /> <br />HARRIS DOES NOT REPRESENT OR WARRANT THAT THE SERVICES SHALL MEET ANY OR ALL OF THE <br />CUSTOMER’S PARTICULAR REQUIREMENTS. NO AGREEMENTS VARYING OR EXTENDING ANY EXPRESS <br />WARRANTIES SET FORTH IN THIS AGREEMENT SHALL BE BINDING ON EITHER PARTY UNLESS IN WRITING <br />AND SIGNED BY AN AUTHORIZED SIGNING OFFICER OF HARRIS. <br /> <br />5. Termination <br />(a) Termination. This Agreement may be terminated as follows: <br /> <br />i. In addition to any other rights and remedies available to it, either Party may immediately terminate this <br />Agreement in the event of material breach by the other Party of its obligations hereunder that is not cured <br />within thirty (30) days of receipt of written notice from the other Party to that effect; <br />ii. If Customer has failed to pay the Fees or other amounts due, then Harris shall have the right to <br />terminate this Agreement effective immediately upon written notice to Customer that effect; <br />iii. Upon sixty (60) days written notice prior to expiration of a Term; and <br />iv. Either Party may terminate this Agreement effective immediately upon written notice to the other <br />Party if the other Party: (i) becomes insolvent; (ii) becomes the subject of any proceeding under any bankruptcy, <br />insolvency, or liquidation law, whether domestic or foreign, and whether voluntary or involuntary, which is not <br />resolved favorably to the subject party within ninety (90) days of commencement thereof; or (iii) becomes <br />subject to property seizure under court order, court injunction, or other court order which has a material <br />adverse effect on its ability to perform hereunder. <br />(b) Effects of Termination. In the event of termination of this Agreement: <br />i. Customer shall immediately pay all outstanding Fees and other amounts owing to Harris under <br />this Agreement; and <br /> <br />ii. Customer agrees that Harris shall have the right to access and delete all Harris Tools installed on <br />Customer’s equipment. <br />6. Limitation of Liability <br />TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, HARRIS, ITS AFFILIATES, AND EACH OF THEIR <br />RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND SHAREHOLDERS’ ENTIRE LIABILITY AND CUSTOMER’S <br />EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ANY OTHER PRODUCTS, MATERIALS, OR SERVICES <br />SUPPLIED BY HARRIS IN CONNECTION WITH THIS AGREEMENT FOR DAMAGES FOR ANY CAUSE AND <br />REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING FUNDAMENTAL