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L] <br />. .. ... .... .... .. <br />SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND <br />FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO SAID MATERIALS OR THE <br />USE THEREOF. <br />6.5 Limitation on Liability. Except with respect to liability arising from claims of infringement <br />of third -party rights in the United States in copyright, trade secret, or patent, in no event shall Licensor be <br />liable tinder any claim, demand, or action arising out of relating to its perforinaticc or lack thereof tinder this <br />Agreement for any special, indirect, incidental, exemplary, or consequential damages, whether or not <br />Licensor has been advised of the possibility of such claim, demand, or action, <br />6.6 Licensee Indemnification. Licensee shall and does hereby agree to indemnify, hold <br />harmless, and save Licensor from liability against any claim, demand, loss, or action (1) resulting from <br />Licensee's use or modification of the Licensed Program and Licensed Documentation and (2) alleging that <br />any Maintenance Modifications made by Licensee infringe any third -party rights in the United States <br />respecting copyright, trade secret, or patent. The foregoing indemnification is predicated upon Licensor (1) <br />ffillycooperating with Licensee in the defense or settlement of such actions and (2) giving Licensee prompt <br />written notice of any claim, demand, or action for which indemnification is ,;ought. <br />6.7 Licensor indemnification. Licensor shall and does hereby agree to indemnify, hold <br />harmless, and save Licensee from liability against any claim, demand, loss, or action alleging that the <br />Licensed Program and Licensed Documentation or any Maintenance Modifications or Enhancements made <br />by Licensor infringe any third -party rights in the United States respecting copyright, trade secret, or patent. <br />The foregoing indemnification is predicated upon Licensee (1) fully cooperating with Licensor in the <br />defense or scitlement ot'such actions and (2) giving Licensor prompt written notice of any claim, deniand. or <br />action for which indemnification is sought. <br />Section 7 <br />Term and Termination <br />7.1 Term. This Agreement shall commence on the date and year first above written and shall <br />continue until terminated in accordance with the terms thereof. <br />7.2 Termination by Licensee. Licensee may terminate this Agreement at any time upon written <br />notice Licensor, <br />7.3 Ternsinadon by Either Party. Either party may terminate this Agreement upon 30 days <br />written notice to the other party if the other party commits a material breach of any term hereof and fails to <br />cure said breach within the 30 -day period. Such notice shall set forth the basis of the termination. <br />7.4 Actions Upon Termination. Upon termination of this Agreement for any reason, Licensee <br />shall immediately ecas(; use of, and return forthwith to Licensor, the Licensed Program and Licensed <br />Documentation, and any copies or portions thereof, including Maintenance Modifications or finliancements, <br />