notice to Licensor of such disclosure and will use its reasonable efforts to secure confidential
<br /> treatment of such confidential information prior to its disclosure(whether through protective orders
<br /> or otherwise). Each party shall be entitled to disclose the existence of this Agreement, but agrees
<br /> that the terms and conditions of this Agreement shall be treated as confidential and shall not be
<br /> disclosed to any third party; provided, however, that each party may disclose the terms and
<br /> conditions of this Agreement as follows: (i) as required by any court or other governmental body;
<br /> (ii) as otherwise required by law; (iii) to legal counsel of the parties; (iv) in confidence, to banks,
<br /> investors, underwriters, investment bankers and other financing sources and their advisors; and
<br /> (v) in connection with the enforcement of this Agreement or rights under this Agreement.
<br /> 14. FORCE MAJEURE
<br /> 14.1. The Parties shall be absolved of liability for delays caused by events beyond the Parties'
<br /> control. Such events shall include acts of natural phenomena, war, popular unrest, epidemics, fire,
<br /> flood, earthquake and other natural disasters, failures in the operation of computer networks and
<br /> communications systems, and disruptions in the operation of postal and courier services.
<br /> 15. DISCLAIMER OF WARRANTIES
<br /> 15.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR, ITS
<br /> PARTNERS, AND SUPPLIERS PROVIDE THE INFORMATION AND THE PRODUCTS "AS IS"
<br /> WITH All FAULTS AND DEFECTS THEREIN AND WITHOUT ANY WARRANTIES AND
<br /> CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT
<br /> LIMITED TO, ANY (IF ANY) IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF
<br /> MERCHANTABILITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF RELIABILITY OR
<br /> AVAILABILITY, OF ACCURACY OR COMPLETENESS OF RESPONSES, OF RESULTS, OF
<br /> WORKMANLIKE EFFORT, AND OF LACK OF NEGLIGENCE, All WITH REGARD TO THE
<br /> INFORMATION, SERVICES AND PRODUCTS OR THE PROVISION OF OR FAILURE TO
<br /> PROVIDE SUPPORT OR OTHER SERVICES FOR SUCH INFORMATION AND PRODUCTS OR
<br /> OTHERWISE ARISING OUT OF THE USE OF THE INFORMATION, SERVICES, AND
<br /> PRODUCTS. THE INFORMATION FURNISHED BY LICENSOR MAY BE USED SOLELY FOR
<br /> REFERENCE PURPOSES IN THE PROCESS OF INFORMATION EXCHANGE AND SHALL BE
<br /> USED IN ADDITION TO AND IN CONJUNCTION WITH APPLICABLE REQUIREMENTS OF
<br /> LAWS, CODES, RULES, REGULATIONS, STANDARDS, AND OTHER REQUIREMENTS
<br /> ESTABLISHED BY AUTHORITIES POSSESSING VARIOUS LEVELS OF JURISDICTION.
<br /> ALSO, THERE IS NO WARRANTY OR CONDITION OF TITLE, QUIET ENJOYMENT, QUIET
<br /> POSSESSION, CORRESPONDENCE TO DESCRIPTION, OR NONINFRINGEMENT WITH
<br /> REGARD TO THE INFORMATION AND PRODUCT PROVIDED.
<br /> 16. EXCLUSION OF INCIDENTAL, CONSEQUENTIAL, AND CERTAIN OTHER DAMAGES
<br /> 16.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
<br /> LICENSOR, ITS PARTNERS, OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL,
<br /> INCIDENTAL, PUNITIVE, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER
<br /> (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF CONTENT OR
<br /> CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR
<br /> PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY OF GOOD
<br /> FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY
<br /> OR OTHER LOSS WHATSOEVER)ARISING OUT OF OR IN ANY WAY RELATED TO THE USE
<br /> OF OR INABILITY TO USE THE PRODUCT OR THE PROVISION OF OR FAILURE TO
<br />
|