Res 1995-082 - Laserfiche WebLink

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I ¡qlll< WIL1EL 11. EXHIBITS The folloning exillbits ("Exhibits") are attached to and made a part of tills Attachment: Initial: - Toll Watch Service (Exhibit F-1) ------X- Sentry Serv PBX Alarm Monitoring Service (Exhibits F -2a through F -2c) - OcteI SentryServ Alarm Monitoring (Exhibit F-3) --- 12. SERVICE lNTERRUPTION: WilTel assumes no liability for any service interruption caused by any events excluded from service coverage in the Agreement or any force majeure events described in the Agreement. 13. CONFIDENTIALITY a. WilTel agrees to keep confidential the data submitted to it by Customer and the data provided for Customer by WilTel during the tenD of this Agreement and for a period of three years thereafter. WilTel agrees not to make this data available to any third party, unless (i) compelled to do so by law or order of a competent court with jurisdiction, (ii) permission of Customer is first obtained, or (iii) required for WilTel to render the prescribed services. This obligation of confidentiality shall not apply to any such data: (1) which was previously given to WilTel free of any obligation to ke~p it confidential; (2) which is or becomes publicly available by other than unauthorized disclosure; (3) which is developed by or on behalf of WilTel independently of this Agreement; (4) which is received from a third-party whose disclosure does not violate any confidentiality obligation. For TolIWatch, PBX and Octel Alarm Monitoring Services, WilTel shall communicate certain Customer information to WilTel's Alarm TolIWatch Center (ATC) and to third parties that Customer may authorize either orally or in writing. b. Customer acknowledges that the Sentry unit provided by WilTel to Customer hereunder contains software that is proprietary to WilTel and subject to copyright protection ("Software"), and Customer agrees that i it: (i) shall not allow any aspect of the Software to be disclosed to a third party and make reasonable efforts to insure that its employees are aware of this obligation and (ii) shall not copy any part of the Software or attempt to develop any source code from the Software. 14. DEFAULT 'With respect to a material breach by WilTel of this Attachment, Customer may cancel this Attachment, and \VilTel shall refund to Customer one month's fee, if such fee has been paid, under this Atífl.chment but in no event more than $5,000. CUSTOMER'S SOLE At"ID EXCLUSIVE RElYtEDY FOR BREACH IS SET FORTH IN TillS PARAGRAPH. In the event Customer breaches this Attachment, in addition to all remedies which WilTel may have at law or equity, WilTel may withhold Reports until Customer's default has been corrected and may elect to declare all payments hereunder immediately due and payable. - 4-