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Party shall assume the defense of any Action. The Indemnified Party may employ its own counsel <br />in any such case, and shall pay such counsel's fees and expenses. The Indemnifying Party shall <br />have the right to settle any claim for which indemnification is available; provided, however, that to <br />the extent that such settlement requires the Indemnified Party to take or refrain from taking any <br />action or purports to obligate the Indemnified Party, then the Indemnifying Party shall not settle <br />such claim without the prior written consent of the Indemnified Party, which consent shall not be <br />unreasonably withheld, conditioned or delayed. <br />23. Article 8.1 "License" is modified to read as follows: <br />If and to the extent that Customer requires the use of Licensed Software in order to use the Service <br />supplied under any Sales Order, Customer shall have a personal, nonexclusive, nontransferable, <br />and limited license to use such Licensed Software in object code only and solely to the extent <br />necessary to use the applicable Service during the corresponding Service Term. All Licensed <br />Software provided to Customer, and each revised version thereof, is licensed (not sold) to <br />Customer by Comcast only for use in conjunction with the Service. Customer may not claim title <br />to, or an ownership interest in, any Licensed Software (or any derivations or improvements <br />thereto), and Customer shall execute any documentation reasonably required by Comcast, <br />including, without limitation, end -user license agreements for the Licensed Software. Comcast and <br />its suppliers shall retain ownership of the Licensed Software, and no rights are granted to Customer <br />other than a license to use the Licensed Software under the terms expressly set forth in this <br />Agreement. <br />24. Article 9.1 "Disclosure and Use" revised to include the following sentence: <br />In the event any part of this provision conflicts with the Minnesota Government Data Practices Act, <br />Minn. Stat. Ch. 13 (the "Act"), the Act will govern. <br />Notwithstanding the foregoing information in this Article 9.1, the Parties agree that the Data <br />Practices Act governs the disclosure of confidential information in the Parties possession. <br />25. Article 9.3 "Publicity" is hereby modified to read as follows: <br />The Agreement provides no right to use any Party's or its affiliates' trademarks, service marks, or <br />trade names, or to otherwise refer to the other Party in any marketing, promotional, or advertising <br />materials or activities. Neither Party shall issue any publication or press release except as permitted <br />by the Agreement or otherwise consented to in writing by the other Party. <br />26. Article 10.1 "Prohibited Uses and Comcast Use Policies" is hereby modified to <br />read as follows: <br />Customer is prohibited from using, or permitting the use of, any Service (i) for any purpose in <br />violation of any law, rule, regulation, or policy of any government authority; (ii) in violation of any <br />Use Policy (as defined below); (iii) for any use as to which Customer has not obtained all required <br />V] <br />