Linko Technology Inc 10/26/2018 - Laserfiche WebLink

Page 12 of 17 Services, including damages for loss of revenues, profits, goodwill or data. No claim, regardless of form, may be made or action brought by either party more than one year after the basis for the claim becomes known to the party asserting it. 7.3 Maximum Liability. If, despite the above limitations, Linko becomes liable to the Customer in respect of the Application and the Services or a combination of the foregoing, that liability will be limited to the fees the Customer paid to Linko for its use of the Application in the 12 months prior to the event giving rise to the liability. PART 8—GENERAL 8.1 Reference. Linko may refer to the Customer as a customer in Linko's promotional materials, including on Linko's website, and may use the Customer's name and logo for that purpose. Linko may also place a link from its website to the Customer's website. 8.2 Law and Courts. This agreement and each of the documents contemplated by or delivered under or in connection with this agreement are governed exclusively by, and will be enforced, construed and interpreted exclusively in accordance with, the laws applicable in Colorado. All disputes under this agreement will be resolved by the courts of Colorado in Denver; however, nothing in this section prohibits either party from obtaining an injunction against the other party in any other jurisdiction. 8.3 Severability. Each provision of this agreement is severable. If any provision of this agreement is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remaining provisions of this agreement, or of that provision in any other jurisdiction. 8.4 Assignment. The Customer must not assign this agreement or its rights or obligations under this agreement to any third party, except with the prior written consent of Linko 8.5 Enurement. This agreement enures to the benefit of and binds the parties and their respective successors and permitted assigns. 8.6 Notice. All notices and other communication that the parties give each other in connection with this agreement must be in writing and will be deemed given if delivered by hand, double registered mail, or fax to the recipient at its address set out on the first page of this agreement or at such other address or telecommunication number of which the party gives the other notice. Proof of delivery in that manner will constitute proof of receipt. 8.7 Waivers. No waiver of any provision of this agreement is binding unless it is in writing and signed by all the parties to this agreement except that any provision which does not give rights or benefits to particular parties may be waived in writing, signed only by those parties who have rights under, or hold the benefit of, the provision being waived if those parties promptly send a copy of the executed waiver to all other parties. No failure to exercise, and no delay in exercising, any right or remedy under this agreement will be deemed to be a waiver of that right or remedy. No waiver of any breach of any provision of this agreement will be deemed to be a waiver of any subsequent breach of that provision or of any similar provision.