4.6 SR 12-02-2024 - Laserfiche WebLink

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(a)LIV reasonably determines that (i)there is a threat or attack on any of the LIV IP;(ii)Client ’s or any Authorized User ’s use of the LIV IP disrupts or poses a security risk to the LIV IP or to any other customer or vendor of LIV;(iii)Client,or any Authorized User,is using the LIV IP for fraudulent or illegal activities;(iv)subject to Law,Client has ceased to continue its business in the ordinary course,made an assignment for the benefit of creditors or similar disposition of its assets,or become the subject of any bankruptcy,reorganization, liquidation,dissolution,or similar proceeding;or (v)LIV’s provision of Vault to Client or any Authorized User is prohibited by Law;or MASTER SERVICES AGREEMENT -6 56428.0002.14325562.1 (b)Any vendor of LIV has suspended or terminated LIV’s access to or use of any third-party services or products required to enable Client to access Vault;(any such suspension described in subsections 6.2.8(a)and 6.2.8(b),a “Service Suspension”). LIV will use commercially reasonable efforts to provide written notice of any Service Suspension to Client and to provide updates regarding resumption of access to Vault following any Service Suspension.LIV will use commercially reasonable efforts to resume providing access to Vault as soon as reasonably possible after the event giving rise to the Service Suspension is cured.LIV will have no liability for any damages,liabilities,losses (including any loss of data or profits),or any other consequences that Client or any Authorized User may incur as a result of a Service Suspension. 6.2.9 Aggregated Statistics.Notwithstanding anything to the contrary in this Agreement,LIV may monitor Client ’s use of Vault and collect and compile Aggregated Statistics. As between LIV and Client,all right,title,and interest in Aggregated Statistics,and all intellectual property rights therein,belong to and are retained solely by LIV.Client acknowledges that LIV may compile Aggregated Statistics based on Client Data input into Vault.LIV may (i)make Aggregated Statistics publicly available in compliance with applicable Law,and (ii)use Aggregated Statistics to the extent and in the manner permitted by Law;provided that such Aggregated Statistics do not identify Client or Client ’s Confidential Information. 6.2.10 LIV Responsibilities and Uptime.LIV is responsible for the acquisition and operation of all hardware,software,and network support related to Vault (other than those required for Client to connect to the internet and access Vault).The technical and professional activities required for establishing,managing,and maintaining the Vault environment are LIV ’s responsibilities.LIV will take all reasonable and necessary steps to make Vault,but does not guarantee that Vault will be,available 24-7/365 (subject to maintenance downtime). 6.3 Equitable Relief.Any breach or threatened breach by Client of any of its obligations under Section 6.2.5 would cause LIV irreparable harm for which monetary damages would not be an adequate remedy.As such,in the event of a breach or threatened breach of Client’s obligations under Section 6.2.5,LIV will be entitled to equitable relief,including a restraining order,an injunction,specific performance,and any other relief that may be available from any Page 126 of 211