6B (3) - Laserfiche WebLink

Home Browse Search

B I r,ton® IDentifying Customers- doors, timers, clocks, counters or other limiting routines, instructions or designs that would erase data or programming, otherwise cause anything in which such software is embedded to become inoperable or incapable of being used in the full manner for which it was designed and created or cause any of Client's confidential information (including any of Client's customer data) to be transmitted to a third party ( "Disabling Code'). Buxton also warrants that, as a result of these tests, there is no Disabling Code in any such software or any media with such software. h. Additional Warranties. The warranties set forth in this Agreement are in addition to any other warranties made by Buxton including warranties of merchantability and fitness for a particular purpose. 8. Representations and Warranties of Client. Client hereby represents and warrants to Buxton as follows: a. Authori1y. The execution, delivery and performance of this Agreement by Client has been duly authorized by all requisite corporate approvals, and this Agreement is a valid and legally binding obligation of Client, enforceable in accordance with its terms, except as may be limited by bankruptcy, insolvency, moratorium or other law affecting the enforcement of creditors' rights generally, and except as specific enforcement and other equitable remedies may be subject to the discretion of a court. 9. Limitation of Liability. Except as to Buxton's obligations provided herein under any data security provisions, confidentiality provisions, intellectual property infringement provisions or indemnification provisions, Client hereby expressly agrees that Buxton's liability in connection with the performance of services hereunder and under any CommunityID Proposal, as Client may elect, shall be Buxton's re- performance of such services or Buxton's refunding of any fees Client has paid for such services and certain other costs mutually agreed to by Buxton and Client resulting from Buxton not performing its services in accordance with this Agreement and /or the applicable CommunityID Proposal. EXCLUDING ANY THIRD -PARTY CLAIMS ARISING UNDER ANY INDEMNIFICATION HEREUNDER, IN NO EVENT IS EITHER PARTY LIABLE TO THE OTHER PARTY FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES TO BUSINESS REPUTATIONS, LOST BUSINESS OR LOST PROFITS) WHETHER FORSEEABLE OR NOT AND HOWEVER CAUSED. 10. Counterparts. This Agreement may be separately executed in several counterparts, all of which together shall constitute one Agreement, notwithstanding that all signatories have not signed the same counterpart. 2651 South Polaris Drive, Fort Worth, TX 76137 - www.buxtonco.com - 888- 2Buxton