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<br />H. Confidentiality <br /> <br />Each party acknowledges that all material and information which has <br />or will come into the possession or knowledge of each in connection <br />with this contract or the performance hereof, consists of <br />confidential and proprietary data. The disclosure to or use by <br />third parties will be damaging. Both parties, therefore, agree to <br />hold such material and information in strictest confidence, not to <br />make use thereof other than for the performance of the contract, to <br />release it only to employees requiring such information, and not to <br />release or disclose it to any other party. <br /> <br />I. Rights to Programs <br /> <br />Both parties agree that the Vendor shall have the right to sell the <br />programs without restriction. <br /> <br />J. Consequential Damages <br /> <br />Neither party shall be liable to the other party for any indirect, <br />special, or consequential damages for an amount greater than the <br />total price paid for the software. <br /> <br />K. Entire Agreement <br /> <br />This contract constitutes the entire agreement between the parties <br />with respect to the subject matter; all prior agreements, <br />representations, statements, negotiations and undertakings are <br />superseded hereby. <br /> <br />L. Governing Law <br /> <br />Any dispute under this agreement shall be determined by any court <br />of competent jurisdiction in Lamar County, Texas with the losing <br />party paying the court cost and attorney's fees of the prevailing <br />party. <br /> <br />M. Authority <br /> <br />Each party has full power and authority to enter into and perform <br />this contract, and the person signing this contract on behalf of <br />each has been properly authorized and empowered to enter into this <br />contract. Each party further acknowledges that it has read this <br />agreement, understands it, and agrees to be bound by it. <br /> <br />-3- <br />