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f do LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF EQUINMENT, COST OF CAPITAL, COST OF SUBSTITUTE GOODS, FACILITIES, SERVICES OR REPLACEMENT POWER, DOWNTIME COSTS, INTEREST, ATTORNEYS FEES OR LITIGATION COSTS OR CLAIMS OF SUBSCRIB'ER'S CUSTOMERS FOR SUCH DAMAGES. Any litigation, arbitration or action for any claim of any kind for any loss or damages arising out of, connected with, or resulting from the performance or non-perfannance of this Agreement or front the furnishing of any goad or service pursuant to this Agreement shall be commenced within one year after the cause of action accrued or it shall be deemed waived or barred. The provisions of this Section, Limitation of Liability, shall apply notwithstanding any other provisions of this Agreement (or any related soliware license agreement). The testis and provisions of this Section shall survive the termination or expiration of this Agreement. 10. CONFIDENTIALITY k. During the term of this Agreement, it is anticipated that one party (hercalter the "Disclosing Party's") may disclose to the other party (hereafter tike "Receiving Party") infonnation which the Disclosing Party considers proprietary and confidential. Accordingly, with respect to any specification, drawings, sketches, models, samples, tools, technical information, confidential business information or data, in written or other tangible forst which: (1) has been designated in writing by the Disclosing Party as confidential or proprietary, or (2) is of the type that the Receiving Party customarily treats as confidential or proprietary, and which is furnished by the Disclosing. Party to the Receiving Party in contemplation or of under this Contract (liereinafter "Inf'annatiooi")J the Receiving I'arty shall treat such information, for a period of len (IQ) years after tiie Effective Date of this Contract, as confidential information with at least the same degree of care as the Receiving Party affords to confidential information of its own of a similar nature and shall not reproduce any such Information, in whole or in part, except as specifically authorised in writing by the Disclosing Party. B. The provisions of the preceding subsection shalt not apply to any Information which: (1) is or shall become publicly available without fault on the part of the Receiving Party; (2) is already known by dte Receiving Party (as a result of proper conduct) prior to receipt from the Disclosing Party: (3) is independently developed by the Receiving Party'. or (4) is rightfully obtained by the Receiving Party from third parties without restriction. C. The Provisions of this Section (among others), CONFIDENTIALITY, shall survive the expiration or termination of this Agreement. 11. ENTIRE UNDERSTANDING, AMENDMENT The terms and provisions of this Agreement constitute the entire understanding between the Subscriber and Seller concerning the subject matter hercof. No modification, amendment, recision, waiver or other change or supplement or addition shall be binding on Seller or Subscriber, unless expressly set forth in a writing expressly ackno,vledging the specific effect on the terms and provisions of this Agreement, SELLER DOES NOT ASSUME ANY OBLIGATIONS OR LIABILITIES IN CONNECTION W1TI l TI IE SOFTWARE OR SERVICES OTIIiiR THAN THOSE EXPRESSLY STATED IN THIS AGREEMENT. AND DOES NOT AUTHORIZE ANY PERSON (INCLUD11 G SELLER'S MANUFACTURER'S REPRESENTATIVES AND SALES Old OTIIE.R AGENT'S OR SUBCONTRACTORS OR SUPPLIERS) TO ASSUME FOR SELLER ANY OTHER OBLIGATIONS OR LIABILITIES.