Laserfiche WebLink
Customized Code unless otherwise expressly agreed in writing between the parties and subject to <br />additional fees as agreed. Customized Code shall be licensed to the Receiving Party or Client <br />under the same licensing terms, conditions and restrictions of any software license agreement <br />between Receiving Party and Performing Party with which such Customized Code is utilized. <br />7.3 Trademarks. No Party shall use any service mark or trademark of the other Parties, <br />or refer to any other Party in connection with any product, equipment, promotion, or publication <br />without the prior written consent of the applicable Party. <br />8.NON-EXCLUSIVITY <br />This Agreement is not exclusive. Each Party reserves the right to contract with other firms, <br />companies, partnerships, individuals, or any other entities during the Term of this Agreement and <br />thereafter to provide or procure services of any kind, includingservices similar to the Services <br />performed by the Performing Party hereunder. <br />9.DISCLAIMER OF WARRANTIES; WAIVER <br />9.1 Warranties.Performing Party warrants that its personnel are adequately trained <br />and competent to perform the Services, and the Services shall be performed in a professional <br />manner in accordance with the applicable SOW and this Agreement. Except as expressly stated <br />in this Agreement, Performing Party (including its affiliates, subcontractors and agents) and each <br />of their respective employees, directors and officers makes no express or implied warranties with <br />respect to any of the products, Services or customer reports, including but not limited to, any <br />warranty of merchantability, fitness for a particular purpose, performance, suitability or non- <br />infringement, or any warranty relating to third-party purchases. <br />10. INDEMNIFICATION <br />10.1 Indemnify. Each Party each agrees to indemnify, defend and hold harmless the other <br />Parties and their affiliates, directors, officers, partners, counseland of-counsel, associates, <br />employees, agents, successors and assigns (collectively, the ÐOther Party IndemniteesÑ) from and <br />against all liabilities, losses, damages and costs (including reasonable attorneysÓ fees) <br />(collectively, ÐLossesÑ) they may suffer as the result of third party actions, judgments, claims, <br />suits, or demands against them resulting from or arising out of: (a) the negligence, recklessness or <br />willful misconduct on the part of the indemnifying Party; (b) the failure by the indemnifying Party <br />to comply with applicable laws in connection with the exercise of any of its rights or the <br />performance of any of its obligations hereunder; and/or (c) any breach of this Agreement by the <br />indemnifying Party. The foregoing indemnification obligation shallnot apply to Losses to the <br />extent that such Losses result from or arise out of: (i) the gross negligence, recklessness or willful <br />misconduct on the part of any of the Other Party Indemnitees; (ii) the failure by the Other Party <br />Indemnitees to comply with applicable laws; or (iii) any breach of this Agreement by the Other <br />Party Indemnitees. The indemnified Party agrees to promptly notify the indemnifying Party in <br />writing of any indemnifiable claim and give such indemnifying Party the opportunity to defend or <br />negotiate a settlement of any such claim, at such indemnifying PartyÓs expense, in defending or <br />settling such claim. Notwithstanding the foregoing, the indemnified Party may, at its own expense, <br /> /ƚƓŅźķĻƓƷźğƌLƓŅƚƩƒğƷźƚƓ <br />tğŭĻ΋Ў <br />www.areteir.com <br /> <br />