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Enterprise Management System Customer Agreement Page 4 <br /> its obligations under, any provision of this Agreement; provided, however, that such obligation to <br /> maintain confidentiality shall not apply to information which at the time of disclosure was in the <br /> public domain not as a result of acts by the receiving party. Each party acknowledges that the <br /> unauthorized disclosure or use of confidential information or the other party would cause <br /> irreparable harm and significant injury to the non - disclosing party that may be difficult to <br /> compensate. Accordingly, each party hereto agrees that the non - disclosing party shall have the <br /> right to seek and obtain temporary and permanent injunctive relief in addition to any other rights <br /> and remedies it may have. For purposes hereof, the obligation of confidentiality shall not apply to <br /> information that is; <br /> (a) In the public domain at the time of disclosure; <br /> (b) Has been lawfully obtained by the disclosing party from a third party under no obligation of <br /> confidentiality; or <br /> (c) Is required to be disclosed pursuant to a duly authorized subpoena, court order, or <br /> government authority, or under the Freedom of Information Act, whereupon the non - <br /> disclosing party shall provide prompt written notice to the disclosing party prior to such <br /> disclosure, so that the disclosing party may seek a protective order or other remedy. <br /> (2) In the event a protective order is inappropriate or another remedy is not obtained, the non - <br /> disclosing party agrees to disclose only that portion of the Confidential Information which is <br /> required. Confidential information provided by DPT to the Customer shall specifically include, but <br /> not be limited to, all application technology, software and all related manuals, documentation, <br /> memoranda, report formats proposals and contracts and any other information provided by DPT in <br /> any form. Notwithstanding any other provision of this Agreement, each party hereto agrees to <br /> indemnify the other party for all costs and damages of any kind whatsoever, including, without <br /> limitation, lawyers' fees and expenses, incurred by such other party as a result of any breach of <br /> confidentiality by the indemnifying party of its obligations under this Section 7. <br /> (3) DPT warrants that all information stored regarding the operation of the Customer's EMS Units will <br /> be fully protected and will at no time be accessible to any party other than those listed in Appendix <br /> E and appropriate staff of DPT. <br /> 8. SOFTWARE LICENSES, TITLE AND DOCUMENTATION <br /> (1) The application technology, software and related documentation used or developed by DPT, <br /> including any software or documentation developed by or on behalf of DPT at the request or <br /> suggestion of the Customer and any software and documentation provided to the Customer by <br /> DPT, and all copies thereof (collectively the "EMS Software "), excepting the Software Products <br /> (defined below), are proprietary to DPT and title thereto remains in DPT. All applicable rights to <br /> patents, copyrights, know -how, trademarks and trade secrets for all such EMS Software are and <br /> shall remain in DPT. <br /> (2) The Customer hereby acknowledges that certain licensed software products and documentation <br /> therefore ( "Software Products ") have been or may, in the future, be licensed for use by the <br />