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<br />(d) Neither party shall use the other party's Trademarks in a manner that <br />disparages the other pmty or its products or services, or portrays the other patty or its <br />products or services in a false, competitively adverse or poor light. Each party shall take <br />commercially reasonable effOlts to comply with the other party's requests as to the use of <br />the other party's Trademarks and shall avoid any action that diminishes the value of such <br />Trademarks. <br /> <br />(e) The parties agree that Granicus has the right to mention the parties' <br />relationship and to use Client's Trademarks including its name and logo in marketing to <br />client and prospective clients, and to list Client as a customer on the Granicus website(s). <br /> <br />7. SECURITY: LIMITATION OF LIABILITY. <br /> <br />7.1 Security of Data. Granicus will take commercially reasonable efforts to protect <br />and control access to Client Content hosted as part of the Managed Services. However, Client will <br />be responsible for the creation and protection of its l1sername and password for accessing the <br />Granicus Solution. <br /> <br />7.2 Warranty Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, <br />GRANICUS' SERVICES, SOFfW ARE AND DELIVERABLES ARE PROVIDED "AS IS" <br />AND GRANIC US EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED <br />WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF <br />MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND FITNESS <br />FOR A PARTICULAR PURPOSE. GRANICUS DOES NOT WARRANT THAT ACCESS TO <br />OR USE OF ITS SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR <br />FREE. IN THE EVENT OF ANY INTERRUPTION, GRANICUS' SOLE OBLIGATION <br />SHALL BE TO USE COMMERCIALLY REASONABLE EFFORTS TO RESTORE ACCESS. <br /> <br />7.3 Limitation of Liabilities. TO THE MAXIMUM EXTENT PERMITIED BY <br />APPLICABLE LAWt GRANICUS AND ITS SUPPLIERS AND LICENSORS SHALL NOT BE <br />LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE <br />DAMAGES, WHETHER FORESEEABLE OR NOTt INCLUDING BUT NOT LIMITED TO: <br />THOSE ARISING OUT OF ACCESS TO OR INABILITY TO ACCESS THE SERVICES, <br />SOFTWARE, CONTENT, OR RELATED TECHNICAL SUPPORT; DAMAGES OR COSTS <br />RELATING TO THE LOSS OF: PROFITS OR REVENUESt GOODWILL, DATA <br />(INCLUDING LOSS OF USE OR OF DATA, LOSS OR INACCURACY OR CORRUPTION OF <br />DATA); OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR <br />TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND <br />EVEN IN THE EVENT OF THE FAILURE OF ANY EXCLUSIVE REMEDY. IN NO EVENT <br />WILL GRANICUS' AND ITS SUPPLIERS' AND LICENSORS' LIABILITY EXCEED THE <br />AMOUNTS PAID BY CLIENT UNDER THIS AGREEMENT REGARDLESS OF THE FORM <br />OF THE CLAIM (INCLUDING WITHOUT LIMITATIONt ANY CONTRACT, PRODUCT <br />LIABILITY, OR TORT CLAIM (INCLUDING NEGLIGENCE), STATUTORY OR <br />OTHERWISE). <br /> <br />8. CONFIDENTIAL INFORMATION & OWNERSHIP. <br /> <br />8.1 Confidentiality Obligations. Each party agrees to keep confidential and not <br />disclose to any third pmty. and to use only for purposes of performing or as otherwise permitted <br />under this Agreementt any Confidential Information. The receiving party shall protect the <br /> <br />GRANICUS, INC. SERVICE AGREEMENT <br /> <br />5 <br /> <br />Versiol1 4.1.2 <br />