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4 <br /> <br />BREACH, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, AN AMOUNT <br />THAT IS EQUAL TO THE FEES PAID TO HARRIS BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE THEN- <br />CURRENT TERM (AND IN NO EVENT BEING GREATER THAN TWELVE (12) MONTHS IMMEDIATELY PRECEDING <br />THE EVENT GIVING RISE TO THE CLAIM).. <br /> <br />IN NO EVENT SHALL HARRIS, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, <br />EMPLOYEES, AND SHAREHOLDERS, BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, <br />PUNITIVE, OR SPECIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO FOR LOST REVENUE OR LOSS <br />OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED SAVINGS, OR COST OF <br />SUBSTITUTE GOODS OR SERVICES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF IT HAS <br />BEEN ADVISED OF THE LIKELIHOOD OF THE OCCURRENCE OF SUCH LOSS OR DAMAGE OR SUCH LOSS OR <br />DAMAGE IS FORSEEABLE AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED <br />REMEDY. <br /> <br />7. Confidential Information <br />a) Definition. –"Confidential Information" means any non-public information and all copies thereof in whatever <br />form or medium that is designated by the party disclosing the Confidential Information (the “Disclosing Party”) as being <br />confidential or which under the circumstances surrounding the disclosure should, in the exercise of reasonable <br />judgment, be recognized by party receiving the Confidential Information (the “Receiving Party”) to be confidential. The <br />source code and object code of any software will always be Confidential Information, whether furnished directly or <br />indirectly by a Disclosing Party to a Receiving Party, and Confidential Information will otherwise include: information <br />relating to the Disclosing Party and/or its business including, without limitation, intellectual property; financial <br />statements, information and data, projections and forecasts; business plans, contacts and relationships; marketing <br />plans and strategies; customer, supplier, reseller and partner lists and information; business methods; product and <br />service plans, prices, pricing models, information and technical specifications and manuals; service specifications; <br />research and development projects; tools; methodologies; know-how; whether such information is furnished directly <br />or indirectly by a Disclosing Party to a Receiving Party and whether disclosed in anticipation of this Agreement or after <br />the date of this Agreement. It shall include any notes made by the Receiving Party which are either received orally or <br />which summarize other Confidential Information. Confidential Information does not include information to the extent <br />that such information: (i) is or becomes generally known to the public by any means other than a breach of the <br />obligations of a Receiving Party hereunder; (ii) was previously known to the Receiving Party as evidenced by its written <br />records; (iii) is rightly received by the Receiving Party from a third party who is not under an obligation of confidentiality; <br />or (iv) is independently developed by the Receiving Party without reference to or use of the other Party's Confidential <br />Information which such independent development can be established by evidence that would be acceptable to a court <br />of competent jurisdiction. <br />b) Confidentiality Obligations. Each of the Parties agree: <br />i. to maintain the Confidential Information of the other Party in confidence and to take all reasonable <br />steps, which shall be no less than those steps it takes to protect its own confidential and proprietary <br />information, to protect the Confidential Information of the other Party from unauthorized use, <br />disclosure, copying, or publication; <br />ii. not to use the Confidential Information of the other Party other than in the course of exercising its <br />rights or performing its obligations under this Agreement; <br />iii. not to disclose or release such Confidential Information except to the extent required by applicable law <br />or during the course of or in connection with any litigation, arbitration or other proceeding based upon <br />or in connection with the subject matter of this Agreement, provided that the receiving Party shall first