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<br />. <br /> <br />[Ap:)" <br /> <br />in".nt <br /> <br />any responsibility for Customer's business <br />operations. <br /> <br />g) No Assignment. Except with respect to <br />HP's rights regarding the use of <br />subcontractors, neither party may assign <br />any rights or obligations under these <br />Terms or any Statement of Work without the <br />prior written consent of the other party, <br />provided however that HP may asslgn its <br />rights and obligations hereunder to an <br />affiliated entity at any time upon written <br />notice to Customer. This Agreement will be <br />binding upon and inure to the benefit of <br />the parties and their respective <br />successors and permitted assigns. <br /> <br />h) Force Majeure. Neither party will be <br />liable for performance delays or for non <br />performance due to causes beyond its <br />reasonable control. <br /> <br />i) Notices. Any notice provided pursuant <br />to these Terms, if specified to be in <br />writing, will be in writing and will be <br />deemed given: (a) if by hand delivery, <br />upon receipt thereof; (b) if mailed, three <br />(3) days after deposit in the mail of the <br />country where sender lS located, postage <br />prepaid, certified mail return receipt <br />requested; (cl if by next day delivery <br />service, upon such delivery; or (d) if by <br />facsimile transmission or electronic mail, <br />upon confirmation of receipt. <br /> <br />j) Waiver. Neither party's failure to <br />exercise any of its rights under these <br />Terms will constitute or be deemed a <br />waiver or forfeiture of those rights. <br /> <br />k) Severability. <br />of these Terms is <br />unenforceable, <br />enforceability <br />Terms will not <br /> <br />If any term or provision <br />held to be illegal or <br />the validity or <br />of the remainder of these <br />be affected. <br /> <br />1) Precedence. In the event of conflict <br />between the provisions of these Terms and <br />any attached exhibit or Statement of Work, <br />the provisions of these Terms will to the <br />extent of such conflict take precedence <br />unless the Statement of Work expressly <br />states that it is amending these Terms. <br /> <br />m) Entire Agreement. These Terms and <br />Conditions and the Statement of Work to <br />which they are attached constitute the <br />entire agreement between HP and Customer <br />and supersede any prior or contemporaneous <br />communications, representations or <br />agreements between the parties, whether <br />oral or written, regarding the subject <br />matter of these Terms. Customer's <br />additional or different terms and <br />conditions will not apply. These Terms <br />may not be changed except by an amendment <br />signed by an authorized representative of <br />each party. <br /> <br />n) Survival of Provisions. Sections 3, 4 <br />and 5 of these Terms and Conditions, and <br />all provisions of these Terms relating to <br />proprietary rights, confidentiality, non- <br />disclosure, and non-solicitation will <br />survive the completion to the Consulting <br /> <br />Exhibit SCSA (Brief) <br />Revision Date 11-April-2002/ 2-August-2002 <br /> <br /> <br />Services <br />Terms. <br /> <br />0) Applicable Law. These Terms are made <br />under and wl11 be construed in accordance <br />with the laws of the State of California <br />without giving effect to that state's <br />choice of law rules. <br /> <br />or <br /> <br />termination <br /> <br />these <br /> <br />of <br /> <br />any <br /> <br />Page 3 <br />Revision Number 0 <br />