Linko Technology Inc 10/26/2018 - Laserfiche WebLink

Page 9 of 17 3.2 Interest. The Customer will pay simple interest on all overdue amounts at a rate of 18% per year or the maximum rate permitted by law, whichever is less, calculated from the date payment was due until the date payment of all overdue amounts is made in full. PART 4—CONFIDENTIALITY& PROPRIETARY RIGHTS 4.1 Customer Data. As between the parties, the Customer solely owns the Customer Data. Linko may manipulate, format, copy, display, transmit and otherwise use that data as necessary to perform its obligations under this agreement and to provide the Services to the Customer. The Customer represents and warrants to Linko that the Customer has obtained all consents required under privacy laws and other applicable laws for Linko to collect, use and disclose the Customer Data as permitted above. Linko may also provide statistical information to third parties and may include Customer's Data in that information, provided that the information is aggregated and does not include personally identifying information. Application and Services. As between Linko and Customer, all intellectual property rights (past, present and future) in and to the Application, and all technology, deliverables and other work product created in connection with the Services, are and will remain vested solely in Linko. Linko may, but is not required to, create any new releases, upgrades, enhancements or other modifications of or to, the Application at any time. Any supplemental software code, documentation, or other material provided to Customer as part of the Services, whether in written or digital format, will be considered part of the Application and subject to the terms and conditions of this agreement. With respect to information Customer provides to Linko as part of the provision of Services by Linko, Customer agrees that Linko may use such information for its business purposes, including for product support and development, on the condition that Linko not utilize such information in a form that personally identifies Customer. PART 5—TERM AND TERMINATION 5.1 Term. This agreement will commence on the Effective Date and continue for the Initial Term described in Schedule A unless terminated as described below. 5.2 Renewal. After the Initial Term, this agreement will automatically renew for an unlimited number of one-year renewal terms unless a party gives the other party written notice of non-renewal at least 60 days prior to the end of the then-current term. 5.3 Termination for Cause. Either party may terminate this agreement for cause if the other party materially breaches the agreement and fails to remedy the breach within 30 days after receiving the other party's written notice of the breach. Neither party may terminate this agreement for convenience. 5.4 Termination for Insolvency. Either party may terminate this agreement immediately by delivering written notice of termination to the other party if: (a) the other party becomes insolvent or voluntarily or involuntarily bankrupt; (b) a petition in bankruptcy against the other party is not dismissed within 90 calendar days of filing;