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4 <br /> <br />(b) Effects of Termination. In the event of termination of this Agreement: <br />i. Customer shall immediately pay all outstanding Fees and other amounts owing to <br />Harris under this Agreement; and <br /> <br />ii. Customer agrees that Harris shall have the right to access and delete all Harris Tools <br />installed on Customer <br />6. Limitation of Liability <br />TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW, HARRIS, ITS <br />AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, <br />CUSTOMER <br />EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ANY OTHER <br />PRODUCTS, MATERIALS, OR SERVICES SUPPLIED BY HARRIS IN CONNECTION <br />WITH THIS AGREEMENT FOR DAMAGES FOR ANY CAUSE AND REGARDLESS OF <br />THE CAUSE OF ACTION, WHETHER IN CONTRACT OR IN TORT, INCLUDING <br />FUNDAMENTAL BREACH, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL <br />NOT EXCEED, IN THE AGGREGATE, AN AMOUNT THAT IS EQUAL TO THE FEES PAID <br />TO HARRIS BY THE CUSTOMER UNDER THIS AGREEMENT DURING THE THEN- <br />CURRENT TERM (AND IN NO EVENT BEING GREATER THAN TWELVE (12) MONTHS <br />IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM).. <br /> <br />IN NO EVENT SHALL HARRIS, ITS AFFILIATES AND EACH OF THEIR RESPECTIVE <br />DIRECTORS, OFFICERS, EMPLOYEES, AND SHAREHOLDERS, BE LIABLE FOR ANY <br />CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL <br />DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO FOR LOST REVENUE <br />OR LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF DATA, FAILURE TO REALIZE <br />EXPECTED SAVINGS, OR COST OF SUBSTITUTE GOODS OR SERVICES ARISING OUT <br />OF OR IN CONNECTION WITH THIS AGREEMENT, EVEN IF IT HAS BEEN ADVISED OF <br />THE LIKELIHOOD OF THE OCCURRENCE OF SUCH LOSS OR DAMAGE OR SUCH LOSS <br />OR DAMAGE IS FORSEEABLE AND NOTWITHSTANDING ANY FAILURE OF <br />ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. <br /> <br />7. Confidential Information <br />a) Definition. "Confidential Information" means any non-public information and all copies <br />thereof in whatever form or medium that is designated by the party disclosing the Confidential <br />the disclosure should, in the exercise of reasonable judgment, be recognized by party receiving the <br />any software will always be Confidential Information, whether furnished directly or indirectly by a <br />Disclosing Party to a Receiving Party, and Confidential Information will otherwise include: information <br />relating to the Disclosing Party and/or its business including, without limitation, intellectual property; <br />financial statements, information and data, projections and forecasts; business plans, contacts and <br />relationships; marketing plans and strategies; customer, supplier, reseller and partner lists and <br />information; business methods; product and service plans, prices, pricing models, information and