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without reference to or use of information received from SCAO or its licensors, or
<br />information which would not qualify as a trade secret under Minnesota law. It will not be a
<br />violation of this section d for Subscriber to-make up to one copy of training materials and
<br />configuration documentation for each individual authorized to access, use, or configure Data
<br />Services, solely for its own use in connection with this Agreement. Subscriber will take all
<br />steps reasonably necessary to protect the copyright, trade secret, and trademark rights of
<br />SCAO and its licensors and Subscriber will advise its bona fide personnel who are permitted
<br />access to any of the Data Services Programs and Data Services Databases, and trade secret
<br />information of SCAO and its licensors, of the restrictions upon duplication, disclosure and
<br />use contained in this Agreement.
<br />e. Proprietary Notices. Subscriber will not remove any copyright or proprietary
<br />notices included in and/or on the Data Services Programs or Data Services Databases, related
<br />documentation, or trade secret information of SCAO and its licensors, or any part thereof,
<br />made available by SCAO or the Court, and Subscriber will include in and/or on any copy of
<br />the Data Services Programs or Data Services Databases, or trade secret information of SCAO
<br />and its licensors and any documents pertaining thereto, the same copyright and other
<br />proprietary notices as appear on the copies made available to Subscriber by SCAO or the
<br />Court, except that copyright notices shall be updated and other proprietary notices added as
<br />may be appropriate.
<br />f. Title; Return. The Data Services Programs and Data Services Databases,
<br />and related documentation, including but not limited to training and configuration material, if
<br />any, and logon account information and passwords, made available by the Court and SCAO
<br />to Subscriber hereunder, and all copies, including partial copies, thereof are and remain the
<br />property of the respective licensor. Within ten days of the effective date of termination of
<br />this Agreement or within ten days of a request for termination of a data access service as
<br />described in section 3.c., Subscriber shall either: (i) uninstall and return any and all copies of
<br />the applicable Data Services Programs and Data Services Databases, and related
<br />documentation,. including_butnot limited to training and configuration materials, if any, and
<br />logon account information; or (2) destroy the same and certify in writing to the Court that the
<br />same have been destroyed.
<br />S. INJUNCTIVE RELIEF; LIABILITY. Subscriber acknowledges that the Court,
<br />SCAO, SCAO'S licensors, and DCA will be irreparably harmed if Subscriber's obligations under
<br />this Agreement are not specifically enforced and that the Court, SCAO, SCAO' S licensors, and DCA
<br />would not have an adequate remedy at law in the event of an actual or threatened violation by
<br />Subscriber of its obligations. Therefore, Subscriber agrees that the Court, SCAO, SCAO'S licensors,
<br />and DCA shall be entitled to an injunction or any appropriate decree of specific performance for any
<br />actual or threatened violations or breaches by Subscriber or its bona fide personnel without the
<br />necessity of the Court, SCAO, SCAO' S licensors, or DCA showing actual damages or that monetary
<br />damages would not afford an adequate remedy. Unless Subscriber is an office, officer, agency,
<br />department, division, or bureau of the state of Minnesota, Subscriber shall be liable to the Court,
<br />SCAO, SCAO'S licensors, and DCA for reasonable attorneys fees incurred by the Court, SCAO,
<br />SCAO'S licensors, and DCA in obtaining any relief pursuant to this Agreement.
<br />9. INDEMNIFICATION. Subscriber and the Court agree that, except as otherwise
<br />expressly provided herein, each party will be responsible for its own acts and the results thereof to
<br />the extent authorized by law and shall not be responsible for the acts of any others and the results
<br />thereof. Liability shall be governed by applicable law. Without limiting the foregoing, liability of
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