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licensors and Subscriber will advise its bona fide personnel who are permitted access to
<br /> any of the Court Data Services Programs and Court Data Services Databases, and trade
<br /> secret information of Court and its licensors, of the restrictions upon duplication,
<br /> disclosure and use contained in this Subscriber Amendment.
<br /> e. Proprietary Notices. Subscriber will not remove any copyright or
<br /> proprietary notices included in and/or on the Court Data Services Programs or Court Data
<br /> Services Databases, related documentation, or trade secret information of Court and its
<br /> licensors, or any part thereof, made available by Court directly or through the BCA, if
<br /> any, and Subscriber will include in and/or on any copy of the Court Data Services
<br /> Programs or Court Data Services Databases, or trade secret information of Court and its
<br /> licensors and any documents pertaining thereto, the same copyright and other proprietary
<br /> notices as appear on the copies made available to Subscriber by Court directly or through
<br /> the BCA, except that copyright notices shall be updated and other proprietary notices
<br /> added as may be appropriate.
<br /> f. Title; Return. The Court Data Services Programs and Court Data
<br /> Services Databases, and related documentation, including but not limited to training and
<br /> configuration material, if any, and logon account information and passwords, if any,
<br /> made available by the Court to Subscriber directly or through the BCA and all copies,
<br /> including partial copies, thereof are and remain the property of the respective licensor.
<br /> Except as expressly provided in section 12.b., within ten days of the effective date of
<br /> termination of this Subscriber Amendment or the CJDN Subscriber Agreement or within
<br /> ten days of a request for termination of Authorized Court Data Service as described in
<br /> section 4, Subscriber shall either: (i) uninstall and return any and all copies of the
<br /> applicable Court Data Services Programs and Court Data Services Databases, and related
<br /> documentation, including but not limited to training and configuration materials, if any,
<br /> and logon account information, if any; or (2) destroy the same and certify in writing to
<br /> the Court that the same have been destroyed.
<br /> 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's
<br /> licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber
<br /> Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would
<br /> not have an adequate remedy at law in the event of an actual or threatened violation by
<br /> Subscriber of its obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and
<br /> DCA shall be entitled to an injunction or any appropriate decree of specific performance for any
<br /> actual or threatened violations or breaches by Subscriber or its bona fide personnel without the
<br /> necessity of the Court, Court's licensors, or DCA showing actual damages or that monetary
<br /> damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency,
<br /> department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court,
<br /> Court's licensors, and DCA for reasonable attorneys fees incurred by the Court, Court's
<br /> licensors, and DCA in obtaining any relief pursuant to this Subscriber Amendment.
<br /> 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly
<br /> provided herein, each party will be responsible for its own acts and the results thereof to the
<br /> extent authorized by law and shall not be responsible for the acts of any others and the results
<br /> thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability
<br /> of the Court and any Subscriber that is an office, officer, agency, department, division, or bureau
<br /> of the state of Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act,
<br /> Minnesota Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if
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