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assist in such defense if it so chooses. This Section 10.1 shall survive any expiration or termination <br />of this Agreement. <br />10.2Company Data. Each Party retains responsibility for compliance with all laws, <br />regulations, or other authorities governing any data, information, materials, software, or other <br />items ofany nature provided by such Party to the other Parties in connection with this Agreement, <br />or to which a Party provides access or authorizes the other Parties to access in connection with this <br />Agreement (such data of Client, ÐCompany DataÑ). Each Party re presents and warrants that it has <br />sufficient rights under applicable law to permit the other Parties to access, use or otherwise process <br />any personal data it makes available to such other Parties. Counsel and Client will provide <br />Performing Party with access and use of Company Data to the extent required to perform the <br />Services under this Agreement or applicable SOW. <br />11.LIMITATION OF LIABILITY <br />11.1 General Liability. Absent gross negligence or intentionally harmful acts on the part <br />of a Party, in no event shall any PartyÓs aggregate liability (including any liability of its affiliates, <br />or its or their directors, partners, counsel or of-counsel, associates, officers, employees, <br />shareholders, vendors, subcontractors, representatives and agents) for damages arising under or <br />in relation to this Agreement exceed the total amount paid or payable by Client under the <br />Agreement, however caused, regardless of whether arising under contract, tort (including <br />negligence), strict liability or otherwise, and regardless of whether such party knew, had reason <br />to know or should have known of the possibility of such damages. This Section does not limit any <br />PartyÓs indemnification obligati ons or any liability arising from a breach of the confidentiality <br />provisions contained in Section 14 of this Agreement. <br />11.2 Performance Liability. Without limiting the generality or applicability of the <br />foregoing, and absent a written disclaimer on that limitation set forth in an applicable SOW, <br />Receiving Party shall not seek, and Performing Party shall not be liable for, any damages arising <br />from or in relation to any actual or alleged failure by Performing Party to: (a) detect or identify <br />any security or n etwork threats to or vulnerabilities of ClientÓs networks or other facilities, assets, <br />or operations; (b) prevent intrusions into or any damage to ClientÓs networks or other facilities, <br />assets, or operations; or (c) meet or help Client meet any industry standard or any other <br />requirements, including the payment card industry data security standard. In no event shall this <br />Section 11.2 be deemed to have failed of its essential purpose, and Client shall not allege or claim <br />the foregoing. <br />11.3 Inherent Risk. Both Receiving Party and Client acknowledge and agree that, due <br />to the nature of the Services, the provision of Services may cause, and Performing Party is not <br />liable for, any disruptions of and/or damage to the information systems, or the information and <br />data contained therein, of the Receiving Party, Client or any other third party. This includes any <br />or all of the following: <br />1.loss or corruption of data; <br /> /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ <br />tğŭĻ΋Џ <br />www.areteir.com <br /> <br />