Global Streams GlobeCaster STUDIO 4000, Руководство пользователя, Страница: 135 / 144

131 GlobeCaster
Swi t che r M anu al
both during the term of this Agreement and for a period of at least five (5) years
after its termination, keep in trust and confidence all such Confidential
Information, and shall not use such Confidential Information other than as
expressly authorized by GlobalStreams under this Agreement, nor shall you
disclose any such Confidential Information to third parties without GlobalStreams’
written consent. You further agree to immediately return to GlobalStreams all
Confidential Information (including copies thereof) in your possession, custody,
or control upon termination of this Agreement at any time and for any reason. The
obligations of confidentiality shall not apply to information that (a) is in the public
domain, except as a result of your breach of this Agreement; (b) prior to disclosure
hereunder was already rightfully in your possession, without an obligation of
confidentiality; or (c) subsequent to disclosure hereunder is obtained by you on a
nonconfidential basis from a third party who has the right to disclose such
information to you.
7. INDEMNIFICATION. You will, at your sole expense and GlobalStreams’
request, defend, indemnify and hold GlobalStreams and GlobalStreams’ affiliates or
any director, officers or employee of either (collectively the “GlobalStreams
Parties”) harmless from all damages, claims, actions, proceedings and/or
settlements (including reasonable attorneys’ fees and expenses) arising out of or in
connection with: (i) your activities relating to the GlobeCaster System; (ii) any
web site operated, controlled or in any way associated with you, (iii) any content
used in any manner in connection with your GlobeCaster System (other than un-
modified content supplied by GlobalStreams) (such content hereinafter referred to
as your “Media”) that infringes or violates any Intellectual Property, proprietary or
contractual right of a third party; (iv) any use of the GlobeCaster System that
causes GlobalStreams to violate any agreement GlobalStreams may have with a
third party supplier; (v) any defamatory or libelous material or material that
discloses private or personal matters concerning any person, without such person’s
consent; (vi) any violations of law or regulations; (vii) your Media or any
messages, data, images or programs that are illegal, or are, by law, obscene, profane
or pornographic or (viii) any messages, data, images or programs that would
violate, interfere with, disrupt or otherwise materially harm the rights of others,
including unauthorized copyrighted text, images or programs, trade secrets or
other confidential proprietary information, or trademarks or service marks used in
an infringing fashion, including claims by any guilds or other collective bargaining
units or royalty tribunals (all of the foregoing claims or actions being referred to
hereinafter as “Claims”). GlobalStreams agrees to: (a) provide Client reasonably
prompt notice in writing of any such Claims and (b) provide you reasonable
information and assistance, at your expense, to help defend the Claims. You agree
to consult with GlobalStreams and obtain GlobalStreams’ written approval on the
choice of any counsel under this section.
8. LIMITATION OF LIABILITY. GLOBALSTREAMS’ CUMULATIVE LIABILITY
TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING
FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR
RELATING TO THIS AGREEMENT UNDER ANY THEORY (INCLUDING
CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR
EQUITABLE THEORY) SHALL NOT EXCEED THE AGGREGATE OF THE
AMOUNTS PAID BY YOU TO GLOBALSTREAMS FOR THE TWELVE MONTH
PERIOD PRIOR TO THE DATE THE CAUSE OF ACTION AROSE. IN NO EVENT
SHALL GLOBALSTREAMS BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOST PROFITS,