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NEOGOW
<br />(d) Disclaimer of Actions Caused by and/or Under the Control of Third Parties. NEOGOV DOES NOT
<br />AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM THE NEOGOV SYSTEM AND OTHER
<br />PORTIONS OF THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF
<br />INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTIONS OR
<br />INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT CUSTOMER'S CONNECTIONS TO THE
<br />INTERNET (OR PORTIONS THEREOF). ALTHOUGH NEOGOV WILL USE COMMERCIALLY
<br />REASONABLE EFFORTS TO TARE ALL ACTIONS IT DEEMS APPROPRIATE TO REMEDY AND AVOID
<br />SUCH EVENTS, NEOGOV CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR.
<br />ACCORDINGLY, NEOGOV DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO
<br />SUCH EVENTS.
<br />6. Publicity. Following the mutual execution and delivery of this Agreement, each party hereto may advertise,
<br />disclose and publish its relationship with the other party under this Agreement. NEOGOV may display Customer's
<br />name and logo in connection with such advertisement, disclosure and publishing.
<br />7. Nondisclosure. Through exercise of each party's rights under this Agreement, each party may be exposed
<br />to the other party's technical, financial, business, marketing, planning, and other information and data, in written, oral,
<br />electronic, magnetic, photographic and/or other forms, including, but not limited to (a) oral and written
<br />communications of one party with the officers and staff of the other party which are marked or identified as
<br />confidential or secret or similarly marked or identified, (b) other communications which a reasonable person would
<br />recognize from the surrounding facts and circumstances to be confidential or secret and (c) trade secrets (collectively,
<br />"Confidential Information"). In recognition of the other party's need to protect its legitimate business interests, each
<br />party hereby covenants and agrees that it shall regard and treat each item of information or data constituting
<br />Confidential Information of the other party as strictly confidential and wholly owned by such other party and that it
<br />will not, (x) without the express prior written consent of the other party (y) except as permitted or authorized herein
<br />or (z) except as required by law including the Public Records Act of the State of California, redistribute, market,
<br />publish, disclose or divulge to any other person, firm or entity, or use or modify for use, directly or indirectly in any
<br />way for any person or entity: (i) any of the other party's Confidential Information during the Term and for a period of
<br />three (3) years thereafter or, if later, from the last date Services (including any warranty work) are performed by the
<br />disclosing party hereunder; and (ii) any of the other party's trade secrets at any time during which such information
<br />shall constitute a trade secret under applicable law. In association with NEOGOV's concern for the protection of trade
<br />secrets, Confidential Information, and fair market competition, Customer acknowledges all photos, "screen captures",
<br />videos, or related media of NEOGOV products, pages, and related documentation shall be approved by NEOGOV
<br />prior to any publicly accessible disclosure of such media.
<br />8. Liability Limitations.
<br />(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
<br />SHALL NEOGOV HAVE ANY LIABILITY TO CUSTOMER OR TO ANY OTHER PERSON OR ENTITY
<br />ARISING OUT OF OR RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION,
<br />CUSTOMER'S USE OR, OR INABILITY TO USE, THE SERVICES, UNDER ANY CIRCUMSTANCE,
<br />CAUSE OF ACTION ORTHEORY OF LIABILITY, OR DUE TO ANY EVENT WHATSOEVER, FOR ANY
<br />CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES OF ANY KIND,
<br />INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS OPPORTUNITY OR PROFIT, LOSS OF
<br />USE, LOSS OF GOODWILL OR BUSINESS STOPPAGE, EVEN IF NEOGOV KNEW OR SHOULD HAVE
<br />KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
<br />(b) WITHOUT LIMITATION OF SECTION S(A), EXCEPT FOR DAMAGES ARISING OUT
<br />OF NEOGOV'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE TOTAL LIABILITY OF
<br />NEOGOV FOR ANY AND ALL CLAIMS AGAINST NEOGOV UNDER THIS AGREEMENT SHALL NOT
<br />EXCEED THE TOTAL FEES PAID BY CUSTOMER TO NEOGOV UNDER THIS AGREEMENT DURING
<br />THE INITIAL TERM. THE FOREGOING LIMITATION OF LIABILITY IS CUMULATIVE WITH ALL
<br />PAYMENTS FOR CLAIMS OR DAMAGES IN CONNECTION WITH THIS AGREEMENT BEING
<br />AGGREGATED TO DETERMINE SATISFACTION OF THE LIMIT. THE EXISTENCE OF ONE OR
<br />MORE CLAIMS WILL NOT ENLARGE THE LIMIT. THE PARTIES ACKNOWLEDGE AND AGREE
<br />NEOGOV
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