NFOCUS - 2007 - Laserfiche WebLink

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Section 9.0 TERM AND TERMINATION Licensee's right to use the Software will begin when this Agreement is mutually executed by both parties and will continue in perpetuity unless Licensee breaches this Agreement, in which case it shall be terminated immediately without notice by Licensor. In addition to termination, Licensor shall be entitled to all available remedies at law or in equity (including immediate injunctive relief without proving damages and repossession of all non-embedded Software and associated Documentation unless Licensee is a federal agency of the United States Government). Licensee acknowledges that its breach of this Agreement will result in irreparable harm to Licensor for which monetary damages would be inadequate. Within thirty (30) days after termination of this Agreement, Licensee must certify in writing to Licensor that all copies of the Software and Documentation have been returned to Licensor or destroyed and are no longer in use by Licensee. Section 10.0 NOTICES Notices required under this Agreement to be given by one party to the other must be in writing and either delivered in person or sent to the address shown below by certified mail, return receipt requested and postage prepaid (or by a recognized courier service with an asset tracking system, such as Federal Express, UPS or DHL), and shall be effective upon receipt. Any change of address must be in writing to the other party. Licensor Licensee Attn: Licensing Administrator name: Tom Serafin nFocus Software Organization name: Santa Ana PAL 6245 N. 24r" Parkway Address: 2627 W. McFadden Ave Suite 100 Address 2: Phoenix, AZ 85016 City, State Zip: Santa Ana. CA 92702 Section 11.0 UNITED STATES GOVERNMENT LICENSING PROVISIONS This product is comprised of commercial technical data and/or computer data bases and/or commercial computer software and/or commercial computer software documentation, as applicable, and was developed exclusively at private expense by nFocus Software, 6245 North 24r" Parkway, Suite 100, Phoenix, Arizona, 85016. U.S. Government rights to use, modify, reproduce, release, perform, display or disclose these technical data and/or computer data bases and/or computer software and/or computer software documentation are subject to the limited rights restrictions of DFARS 252.227-7015(b)(2)(June 1995) and/or subject to the restrictions of DFARS 227.7202- 1(a)(June 1995) and DFARS 227.7202-3(a)June 1995), as applicable for U.S. Department of Defense procurements and the limited rights restrictions of FAR 52.227-14 (June 1987) and/or subject to the restricted rights provisions of FAR 52.227-14 (June 1987) and FAR 52.227-19 (June 1987), as applicable, and any applicable agency FAR Supplements, for non-Department Federal procurements. Section 12.0 LICENSOR SECURITY AND CONFIDENTIALITY STANDARDS 12.1 Licensor maintains the highest level of confidentiality and security for all processes and systems. Licensor's employees undergo a national criminal background check. Written policies are published and enforced requiring that every effort must be made to ensure the cenfidenfiality and security of Gient data. For example, all data transferred between the server and client browsers is encrypted. Licensor ensures that any printed material, the useful life of which has expired, is secured and destroyed at an off-site facility. 12.2 All data is transferred using 128-bit encryption Secure Sockets Layer (SSL). 12.3 Licensor does not sell, rent, exchange or license data that identifies the licensee and/or any individual associated with the licensee to any third party, except under extreme and unusual circumstances when Licensor may be required to disclose collected information in order to cooperate with law enforcement, protector defend our rights or property or protect the interests of cur clients.. Section 13.0 GENERAL 13.1 COPYRIGHT NOTICES. The existence of a copyright notice on the Software will not be construed as an admission or presumption that public disclosure of the Software or any trade secrets associated with the Software has occurred. 3 of 7 Initials of Dcensee's Authorized Representaliv