Laserfiche WebLink
Ordering Document. Motorola will have the right to suspend the Subscription Software and any <br />recurring Services if Customer fails to make any payments when due. The parties acknowledge that <br />pricing for Cyber Services is dependent on the full term or subscription periods specified in any such <br />Ordering Document. Motorola will have the right to suspend the Services if Customer fails to make <br />any payments when due <br />5.2. License True -Up. Motorola will have the right to conduct an audit of total user licenses <br />credentialed by Customer for any Subscription Software during a Subscription Term, and Customer <br />will cooperate with such audit. If Motorola determines that Customer's usage of the Subscription <br />Software during the applicable Subscription Term exceeded the total number of licenses purchased <br />by Customer, Motorola may invoice Customer for the additional licenses used by Customer, pro- <br />rated for each additional license from the date such license was activated, and Customer will pay <br />such invoice in accordance with the payment terms in the MCA. <br />5.3. Customer Data. For avoidance of doubt, for Cyber Services so long as not specifically <br />identifying the Customer, "Customer Data," as defined in the MCA, shall not include, and Motorola <br />shall be free to use, share and leverage security threat intelligence and mitigation data generally, <br />including without limitation, third party threat vectors and IP addresses, file hash information, domain <br />names, malware signatures and information, information obtained from third party sources, <br />indicators of compromise, and tactics, techniques, and procedures used, learned or developed in <br />the course of providing Services <br />5.4. Future Regulatory Requirements. The Parties acknowledge and agree that Cyber Service is <br />an evolving technological area and therefore, laws and regulations regarding Services may change. <br />Changes to existing Services required to achieve regulatory compliance may be available for an <br />additional fee. Any required changes may also impact the price for Services. <br />6. Liability. <br />6.1. ADDITIONAL EXCLUSIONS. IN ADDITION TO THE EXCLUSIONS FROM DAMAGES SET <br />FORTH IN THE MCA, AND NOTWITHSTANDING ANY PROVISION OF THE AGREEMENT TO THE <br />CONTRARY, MOTOROLA WILL HAVE NO LIABILITY FOR (A) INTERRUPTION OR FAILURE OF <br />CONNECTIVITY, VULNERABILITIES, OR SECURITY EVENTS; (B) DISRUPTION OF OR DAMAGE <br />TO CUSTOMER'S ORTHIRD PARTIES' SYSTEMS, EQUIPMENT, OR DATA, INCLUDING DENIAL <br />OF ACCESS TO USERS, OR SHUTDOWN OF SYSTEMS CAUSED BY INTRUSION DETECTION <br />SOFTWARE OR HARDWARE; (C) AVAILABILITY OR ACCURACY OF ANY DATA AVAILABLE <br />THROUGH THE SUBSCRIPTION SOFTWARE OR SERVICES, OR INTERPRETATION, USE, OR <br />MISUSE THEREOF; (D) TRACKING AND LOCATION -BASED SERVICES; OR (E) BETA <br />SERVICES. <br />6.2. Direct Damages . For avoidance of doubt, notwithstanding the limitation set out in Section <br />8.2 of the MCA, the direct damages limitation for Cyber services provided under this SSA and limited <br />to the fees, or the portion of fees, relating only to the Cyber Security Services under this SSA, even <br />if such Services are offered or bundled with other Motorola services. <br />6.3. Voluntary Remedies. Motorola is not obligated to remedy, repair, replace, or refund the <br />purchase price for the disclaimed or excluded issues in the MCA or Section 6.1 — Additional <br />Exclusions above, but if Motorola agrees to provide Services to help resolve such issues, Customer <br />will reimburse Motorola for its reasonable time and expenses, including by paying Motorola any Fees <br />set forth in an Ordering Document for such Services, if applicable. <br />7. Motorola as a Controller or Joint Controller. In all instances where Motorola acts as a <br />controller of data, it will comply with the applicable provisions of the Motorola Privacy Statement at <br />Subscription Software Addendum V.2023.02.17 4 <br />