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advertising,or marketing of Customer Content;(c)a dispute between Customer and any User;or(d)personal injury and/or property damage alleged
<br /> to be caused by Customer's use of GE Offerings to manage Customer equipment.
<br /> 13. LIMITATIONS OF LIABILITY
<br /> GE, INCLUDING ITS AFFILIATES AND LICENSORS, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE,
<br /> EXEMPLARY,SPECIAL,OR CONSEQUENTIAL DAMAGES,OR FOR ANY LOSS OF PROFITS OR REVENUE,USE,GOODWILL,DATA,
<br /> OR COSTS OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE).
<br /> CUSTOMER IS SOLELY RESPONSIBLE FOR,AND BEARS ALL RISKS ASSOCIATED WITH THE CONTROL,OPERATION,AND USE OF
<br /> CUSTOMER EQUIPMENT.EXCEPT TO THE EXTENT DIRECTLY CAUSED BY GE'S NON-COMPLIANCE WITH THE APPLICABLE GE
<br /> DATA PROTECTION PLANS,GE SHALL HAVE NO LIABILITY ARISING FROM CYBERATTACKS OR UNAUTHORIZED INTRUSIONS.
<br /> GE,INCLUDING ITS AFFILIATES AND LICENSORS,SHALL NOT BE LIABLE FOR CLAIMS ARISING OUT OF THIS AGREEMENT IN A
<br /> CUMULATIVE AMOUNT EXCEEDING CUSTOMER'S ACTUAL DIRECT DAMAGES,UP TO THE AMOUNTS PAID BY CUSTOMER FOR
<br /> THE PRODUCT OR SERVICE GIVING RISE TO THE LIABILITY,AND,IN THE CASE OF HOSTED SERVICES,UP TO THE AMOUNTS
<br /> PAID BY CUSTOMER IN THE ONE(1)YEAR PERIOD PRECEDING THE CLAIM.
<br /> 14. TERM AND TERMINATION
<br /> 14.1. Term.The term of this Agreement will commence on the Order acceptance or execution date and will remain in effect with respect to the
<br /> Order(including the term of any license or subscription provided therein,and any renewals thereof),unless earlier terminated in accordance with
<br /> Section 14.3.
<br /> 14.2. Automatic Renewal.Except as otherwise stated in the Order,each license or subscription for Software or Hosted Services having a fixed and
<br /> limited initial term shall be renewed automatically for successive one(1)year renewal terms,unless a Party provides the other Party with written
<br /> notice of its intent to not renew at least thirty(30)days prior to the end of the initial or successive term.
<br /> 14.3. Termination
<br /> 14.3.1. In General.A Party may not terminate this Agreement or the Order issued hereunder,unless in accordance with Sections 14.3.2 or
<br /> 14.3.3,or as expressly permitted by the Order.
<br /> 14.3.2. For Breach.Either Party may terminate this Agreement for a material breach by the other Party,which breach is not cured within
<br /> thirty(30)days of written notice provided to the breaching Party,or which breach is incapable of being cured.
<br /> 14.3.3. For Insolvency.A Party may terminate this Agreement upon notice to the other Party if the other Party becomes insolvent,makes
<br /> an assignment for the benefit of creditors, has a receiver or trustee appointed, or is the subject of a proceeding under bankruptcy or
<br /> insolvency law that is not dismissed within thirty(30)days of the filing date thereof.
<br /> 14.3.4. Effect of Expiration or Termination.The expiration or termination of this Agreement shall terminate the licenses granted and
<br /> services provided hereunder,except as otherwise expressly stated in the Order14.1 or agreed in writing.Upon any termination or expiration
<br /> of this Agreement,the following Sections survive:8(Payment),10(Ownership), 11(Confidentiality),12(Indemnification),13(Limitations
<br /> of Liability),14(Term and Termination),and 15(Miscellaneous).
<br /> 15. MISCELLANEOUS
<br /> 15.1. Performance by GE.GE shall have the right to use subcontractors and Affiliates to perform its obligations under this Agreement,and in such
<br /> event,GE shall remain responsible to Customer for such obligations.
<br /> 15.2. Excusable or Delayed Performance. GE shall not be liable for delays or nonperformance due to causes beyond its reasonable control,
<br /> including,but not limited to,acts of God,acts of Customer,prerequisite work by others, acts of civil or military authority,government priorities,
<br /> changes in laws or regulations, fires, strikes or other labor disturbances, floods, epidemics, war, terrorism, riot, delays in transportation or car
<br /> shortages,or inability to obtain or delay in obtaining suitable labor,materials,government permits,or facilities,due to causes beyond its reasonable
<br /> control. In the event of any such delay,the time of performance shall be extended for a period equal to the time lost because of the delay, or if
<br /> performance is rendered impossible,GE shall be excused from performance subject to an equitable adjustment to the applicable fees.In the event GE
<br /> is delayed by conditions caused by Customer or by prerequisite work by other contractors or suppliers of Customer, GE shall be entitled to an
<br /> equitable price adjustment in addition to extension of the time of performance.
<br /> 15.3. Independence.GE and Customer are independent contractors,and neither Party,nor any of their respective Affiliates,is an agent,partner,or
<br /> joint-venturer of the other for any purpose or has the authority to bind the other.Both Parties reserve the right(a)to develop or have developed for it
<br /> products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques
<br /> developed or contemplated by the other Party and(b)to assist third party developers or systems integrators who may offer products or services which
<br /> compete with the other Party's products or services.
<br /> 15.4. No Third Party Beneficiaries.This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party
<br /> to this Agreement.
<br /> 15.5. Trade Compliance.Each Party shall comply with applicable laws that govern the import,export,or re-export of data or materials supplied
<br /> under this Agreement. Without limiting the foregoing,Customer agrees that it shall not sell,distribute,disclose,release,or otherwise transfer any
<br /> item or technical data provided under this Agreement to:(i)any country designated as a"State Sponsor of Terrorism"by the U.S.Department of State
<br /> including,for this Agreement,the countries of Cuba and North Korea(ii)any entity located in,or owned by an entity located in,a"State Sponsor of
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<br /> GE CONFIDENTIAL GE DIGITAL GENERAL Tll AND CONDITIONS v3.0 AUGUST 2018
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