5.4. ERMUSR 11-15-2016 (2) - Laserfiche WebLink

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terms of this Agreement and the Receiving Party will continue to be bound by the terms of this Agreement with respect to such Confidential Information. 7. Privacy. 7.1. General. If, in the course of providing any services, Itron has or obtains,to any extent and for any reason, any access to Customer Data,then the terms and conditions of this Section 7 will apply. 7.2. Definition of Customer Data. "Customer Data" means any information about Customer's existing or prospective customers that Itron acquires, develops, or derives under this Agreement. Customer Data may include,without limitation, any personally identifying information relating to an existing or prospective customer, or any other information that, either individually or when combined with other information could be used to derive information specific to a particular customer or prospective customer,which information is not generally available to the public and which Itron acquires or derives in carrying out its obligations under this Agreement. Customer Data includes,but is not limited to, information regarding a User's identity social security number,telephone number, credit card number, e-mail address, account information, service purchase and usage information. 7.3. Use of Customer Data. Itron may only collect, access, use, maintain, or disclose Customer Data to fulfill its obligations under this Agreement. Customer exclusively owns all Customer Data and Itron agrees to return, or at the election of Customer, destroy(and confirm in writing the destruction)all Customer Data upon the termination or expiration of this Agreement, or earlier if requested to do so in writing by Customer. 7.4. Reservation of Rights to Customer. Subject to the limited rights granted by Customer hereunder, Itron acquires no right,title or interest from Customer or its licensors under this Agreement in or to Customer Data, including any Intellectual Property(defined below)rights in that Customer Data. 7.5. Safeguards. Itron will employ administrative, physical, and technical safeguards that are reasonably designed to prevent unauthorized collection, access, disclosure, and use of Customer Data while in its custody("Safeguards"). The Safeguards Itron employs must: (1)meet, at a minimum, industry practice; and(2)be reasonably designed to ensure that only Itron personnel with a need to know the Customer Data have access to it. Itron will promptly notify Customer of any known breach of any Safeguards,and Itron and Customer will cooperate to investigate and remedy any such breach and any related dispute, inquiry, or claim. 7.6. Miscellaneous. This Section 7 supplements Section 6("Confidentiality"), and the provisions of this Section 7 control if they conflict with Section 6("Confidentiality"). A breach of any Customer Data provision may result in irreparable harm to Customer, for which monetary damages may not provide a sufficient remedy, Customer may seek both monetary damages and equitable relief. 8. Publicity. Neither Party shall disclose, advertise, or publish the detailed terms and conditions of this Agreement without the prior written consent of the other Party. Any press release or publication regarding this Agreement or deliverables under it are presumed by the Parties to contain Confidential Information and is subject to prior review and written approval of the Parties. 9. Warranties. 9.1. Services &Deliverables Warranties. Express warranties for products and services(the Express Warranties")will be stated in the applicable Addenda for the period stated therein(the"Express Warranty Period"). 9.2. CERTAIN WARRANTY EXCLUSIONS. THE WARRANTIES UNDER THIS AGREEMENT AND THE ADDENDA DO NOT COVER PROBLEMS CAUSED BY EXTERNAL CAUSES, 191