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Page 4 of 7 <br />Receiving Party agree that the foregoing shall apply <br />with respect to the Proprietary Information and the <br />Customer Data for a period of two (2) years <br />following the disclosure thereof, and shall not apply <br />to any information that the Receiving Party can <br />document (a) is or becomes generally available to <br />the public, or (b) was in its possession or known by <br />it prior to receipt from the Disclosing Party, (c) was <br />rightfully disclosed to it without restriction by a third <br />party, (d) was independently developed without use <br />of any Proprietary Information of the Disclosing <br />Party, or (e) is required to be disclosed by law, <br />including without limitation the Washington Public <br />Records Act. <br />3.2 Notwithstanding anything to the contrary, <br />Company shall have the right to collect and analyze <br />data and other information relating to the provision, <br />use, and performance of various aspects of the <br />Services and related systems and technologies <br />(including, without limitation, information <br />concerning Customer Data, data or information <br />regarding Customer’s activities on Company’s <br />website or in connection with the Services, <br />including frequency of visits to the website, data <br />entered when using the website, vital statistics <br />and trends, general information regarding <br />Customer’s use of the Services, correlations <br />identified or categorical information regarding <br />the kinds of Customer Data provided, and data <br />derived therefrom (“Aggregate Data”)), and <br />Company will be free (during and after the term <br />hereof) to (i) use such information and data to <br />improve and enhance the Services and for other <br />development, diagnostic and corrective purposes <br />in connection with the Services and other <br />Company offerings, and (ii) disclose Aggregate Data <br />in connection with its business. No rights or <br />licenses are granted except as expressly set forth <br />herein. <br />4. PAYMENT OF FEES <br />4.1 Customer will pay Company the then <br />applicable fees described in the Order Form for the <br />Services in accordance with the terms therein (the <br />“Fees”). Company reserves the right to change the <br />Fees or applicable charges and to institute new <br />charges and Fees at the end of the Initial <br />Service Term or then-current renewal term, upon <br />thirty (30) days prior notice to Customer (which <br />may be sent by email). If Customer believes that <br />Company has billed Customer incorrectly, Customer <br />must contact Company no later than 60 days after <br />the closing date on the first billing statement in <br />which the error or problem appeared, in order to <br />receive an adjustment or credit. Inquiries should be <br />directed to Company’s customer support department.