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} <br /> 1 <br /> and in favour of Miovision. All of Miovision's IP shall be deemed to be Confidential <br /> Information, and the Customer shall be bound by all confidentiality provisions. <br /> b. Miovision Use of Customer Information. The Customer agrees that Miovision may <br /> use the Customer's name and logo to identify the Customer as a customer of <br /> Miovision's on Miovision's website, and as a part of a general list of Miovision's <br /> customers for use and reference in Miovision's corporate, promotional and marketing <br /> literature. Additionally, Customer agrees that Miovision may issue a press release <br /> identifying Customer as a Miovision customer and describing Customer's utilization <br /> and the benefits that Customer receives from use of the Hardware, subject to the <br /> Customer's prior review of same. <br /> c. Confidential Information. The Customer agrees to keep all Confidential Information <br /> disclosed to it by Miovision strictly confidential, in the same manner as it protects the <br /> confidentiality of its own information and data (at all times exercising at least a <br /> reasonable degree of care in the protection of Confidential Information). Confidential <br /> Information shall not include information which: <br /> i. is known publicly; <br /> ii. is generally known in the industry before disclosure; <br /> iii. has become known publicly, without fault of the receiving party, subsequent <br /> to disclosure by the disclosing party; or <br /> iv. has been otherwise lawfully known or received by the Customer. <br /> This section will not be construed to prohibit the disclosure of Confidential <br /> Information if required by law or order of the court or other governmental authority, <br /> provided that the Customer shall give Miovision prompt notice of such request, and <br /> Miovision has a reasonable time to attempt to limit or prevent such disclosure. Upon <br /> termination of this Agreement, all copies of all Confidential Information shall be either <br /> returned to Miovision or destroyed, at the discretion and written direction of <br /> Miovision. <br /> 4. LIMITED WARRANTIES AND DISCLAIMERS. Except as expressly stated herein or in an <br /> attachment hereto, there are no warranties or conditions (whether implied or arising by <br /> statute or otherwise in law or from a course of dealing or usage of trade) for the Miovision <br /> Platform or Support or Hardware, and MIOVISION DISCLAIMS ALL STATUTORY OR <br /> IMPLIED WARRANTIES AND CONDITIONS INCLUDING WITHOUT LIMITATION THE <br /> CONDITIONS AND/OR WARRANTIES OF MERCHANTABILITY, MERCHANTABLE <br /> QUALITY OR FITNESS FOR ANY PURPOSE, PARTICULAR, SPECIFIC OR OTHERWISE. <br /> 5. LIMITATION OF LIABILITY. OTHER THAN AS EXPRESSLY PROVIDED HEREIN OR IN <br /> ATTACHMENT HERETO WITH RESPECT TO THE LIMITED WARRANTY PROVIDED <br /> HEREUNDER, MIOVISION AND IT'S AGENTS SHALL IN NO EVENT BE LIABLE FOR ANY <br /> LOSS, INJURY, CAUSE OF ACTION (WHETHER IN CONTRACT, NEGLIGENCE, TORT <br /> OR OTHERWISE), LIABILITY OR DAMAGE OF ANY KIND (INCLUDING PERSONAL <br /> INJURY OR PROPERTY DAMAGE) FOR ANY CAUSE RELATED TO OR ARISING OUT <br /> OF THIS AGREEMENT. IN NO EVENT SHALL MIOVISION OR ITS AGENTS BE LIABLE <br /> FOR ANY SPECIAL. INCIDENTAL. CONSEQUENTIAL, PUNITIVE OR EXEMPLARY <br /> DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LEGAL FEES), <br /> WHETHER OR NOT FORESEEABLE INCLUDING WITHOUT LIMITATION, LOSS OF <br /> 76 <br />