2021-045A - Laserfiche WebLink

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Software or the Software Site to communicate any message or material (i) that is harassing, libelous, threatening, or obscene, (ii) that would violate the intellectual property rights of any party, (iii) that would give rise to civil liability, (iv) that would constitute or encourage criminal conduct under applicable law, or (v) that is otherwise unlawful. Although UWIRC is not responsible for any such communications, UWIRC may suspend any such communications of which UWIRC is made aware. To the limits set forth in section 768.28, Florida Statutes,. Indian River County shall indemnify and hold UWIRC harmless from any and all third party claims, liability, damages and costs (including, but not limited to attorneys' fees) arising from Indian River County, 4. Confidential Information. 4.1 Confidentiality_Obligations. Each parry is the owner of certain information that it deems to be confidential and proprietary in nature ("Confidential Information"). Neither party will, during or subsequent to the term of this Agreement, directly or indirectly (a) use any of the disclosing party's Confidential Information for the benefit of anyone other than disclosing party, or (b) disclose any of the disclosing party's Confidential Information to anyone other than an employee, representative or agent of the receiving party, to whom it is necessary to disclose such Confidential Information for the purposes permitted under this Agreement and who is obligated to protect the confidentiality thereof in a manner no less stringent then provided in this Agreement. Confidential Information does not include information (a) known to the receiving party at the time of disclosure to the receiving party by disclosing party, (b) publicly known through no wrongful act of receiving party, (c) rightfully received by receiving party from a third parry authorized to make such disclosure, or (d) independently developed by receiving party. 4.2 - Required Disclosure.. The receiving party may disclose Confidential Information if required pursuant to applicable law, or under a government or court order; provided, however, that (i) the obligations of confidentiality and non-use shall continue to the fullest extent not in conflict with such law or order, and (ii) if and when the receiving party isrequired to disclose Confidential Information pursuant to any law or order, the receiving party shall promptly notify the disclosing party and use reasonable best efforts to obtain or assist the disclosing party in obtaining a protective order or take other actions as shall prevent or limit, to the fullest extent possible, public access to, or disclosure of, such Confidential Information. 4.3 Iniunction. Because each party's obligations are personal. and unique, and because the parties will have access to and become acquainted. with each other's Confidential Information, each party agrees that its breach of this Agreement will result in irreparable harm to the other party. An injured party may enforce this Agreement and any of its provisions by injunction, specific performance or other equitable relief without prejudice to any other rights and remedies that the injured party may have. 4.4 Following Termination: Upon termination or expiration of this Agreement, the receiving party will cease to make use ofthe Confidentiallnformation received from thedisclosing party and, unless otherwise prohibited by applicable law, upon the disclosing party's written, request, will promptly destroy or return such Confidential. Information. In the event that the disclosing party requests destruction, the receiving party shall provide written certification of the destruction within thirty (3 0) days of such request. 5. Term and Termination.