|
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 any,
<br />and Subscriber will include in and/or on any copy of the Court Data Services Programs or
<br />Court Data Services Databases, or trade secret information of Court and its licensors and any
<br />documents pertaining thereto, the same copyright and other proprietary notices as appear on
<br />the copies made available to Subscriber by Court directly or through the BCA, except that
<br />copyright notices shall be updated and other proprietary notices added as may be
<br />appropriate.
<br />f. Title; Return. The Court Data Services Programs and Court Data Services
<br />Databases, and related documentation, including but not limited to training and
<br />configuration material, if any, and logon account information and passwords, if any, made
<br />available by the Court to Subscriber directly or through the BCA and all copies, including
<br />partial copies, thereof are and remain the property of the respective licensor. Except as
<br />expressly provided in section 12.b., within ten days of the effective date of termination of
<br />this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a
<br />request for termination of Authorized Court Data Service as described in section 4,
<br />Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court
<br />Data Services Programs and Court Data Services Databases, and related documentation,
<br />including but not limited to training and configuration materials, if any, and logon account
<br />information, if any; or (2) destroy the same and certify in writing to the Court that the same
<br />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 not
<br />have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its
<br />obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be
<br />entitled to an injunction or any appropriate decree of specific performance for any actual or
<br />threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of
<br />the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not
<br />afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or
<br />bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA
<br />for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any
<br />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 extent
<br />authorized by law and shall not be responsible for the acts of any others and the results thereof.
<br />Liability shall be governed. by applicable law. Without limiting the foregoing, liability of the Court
<br />and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of
<br />Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
<br />Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a
<br />political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the
<br />provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law.
<br />Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a
<br />separate agreement between. the Court and the BCA dated December 13, 2010 with DPS-M -0958.
<br />[el
<br />
|