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6.2 The parties understand that each may now market or be contemplating marketing or <br />developing products, services or technologies which are competitive with or similar to products, <br />services or technologies now offered or which may be offered by the other. Nothing In this Agreement <br />requires either party to disclose to the other any such planning or other Information regarding pending <br />or prospective marketing, development or evaluation plans. Provided that a party does not breach its <br />obligations to maintain the confidentiality of the Confidential Information under this Agreement, <br />neither this Agreement nor the communications between the parties will Impair or restrict the right of <br />either party, whether alone or jointly with third parties, to (I) design, develop, make, use, procure, <br />market and/or sell products, services or technologies now or in the future which may be competitive <br />with those offered by the other, (ii) evaluate, acquire, license or otherwise discuss or transact with <br />third parties, or enter into similar arrangements with third parties, and/or (III) independently design, <br />develop, market or sell similar products, services or technologies. <br />7. No Reverse Engineering. Recipient shall not modify, reverse engineer, decompile, create other works <br />from or disassemble any software programs contained in the Confidential Information of Discloser <br />unless permitted in writing by Discloser. <br />8. Governing Law and Forum. This Agreement will be governed by and construed in accordance with <br />the laws of California, without regard to its conflicts of laws principles. The parties consent to submit <br />to the jurisdiction of the federal and state courts located in Los Angeles County, California; and any <br />action or suit concerning this Agreement or the respective rights and obligations of the parties may <br />only be brought by the parties in any federal or state court with appropriate jurisdiction over the <br />subject matter that is located in' Los Angeles County, California. The parties will not raise, and hereby <br />waive, any defenses based upon the venue, the inconvenience of the forum, the lack of personal <br />jurisdiction, the sufficiency of service of process or the like in any such action or suit brought in <br />California. The prevailing party in any litigation will be entitled to recover its reasonable attorney's fees <br />and costs of suit from the losing party. <br />9. Remedies. Each party's obligations set forth in this Agreement are necessary and reasonable in order <br />to protect Discloser and Its business. Due to the unique nature of Discloser's Confidential Information, <br />monetary damages may be inadequate to compensate Discloser for any breach by Recipient of its <br />covenants and agreements set forth in this Agreement. Accordingly, the parties each agree and <br />acknowledge that any such violation or threatened violation may cause irreparable injury to Discloser <br />and, in addition to any other remedies that may be available, in law, in equity or otherwise, Discloser <br />shall be entitled to obtain injunctive relief (without the requirement of posting a bond) against the <br />threatened breach of this Agreement or the continuation of any such breach by Recipient. <br />10. Notices. Notices hereunder must be in writing and will be deemed duly given upon delivery to the <br />parties' representatives at the addresses listed below or such different address as the parties may from <br />time to time designate. Notices will be deemed effective on the day received, except if received on a <br />Page 4 of 6 <br />