Receiving Party’s own Confidential information and trade
secrets, and in noe event less than reasonable care. Each
party acknowledges that due to the unique nature of the
other party's Confidential information, the Disclosing
Party will not have an adequate remedy in money or
damages in the event of any unauthorized use or
disclosure of its Confidential Information. in addition to
any other remedies that may be avaliable in law, in equity
or otherwise, the Disclosing Party shall be entitled to seek
injunctive relief to prevent such unauthorized use or
disclosure.
$3 Return and Destruction of Materials. All
documents and other tangible objects containing or
representing Confidential information that have been
disclosed by either Party to the other Party, and all
summaries, copies, descriptions, excerpts or extracts
thereof that are in the possession of the other Party, shail
be and remain the property of the Disclosing Party and the
Receiving Party shail use reasonable efforts to promptly
delete or destroy all summaries, copies, descriptions,
excerpts or extracts thereof in their possession upon the
Disclosing Party's written request. The Receiving Party
shail have no obligation to delete or destroy copies that:
(a) are contained in an archived computer system backup
that was made in accordance with such Party's security, e-
mail retention, and/or disaster recovery procedures; or (b)
are kept for record-keeping, archival, or governance
purposes in compliance with such party’s document
retention policies. Any such retained Confidential
information shall rernain subject to the terms and
conditions of this Agreement for so long as ft Is
retained. Notwithstanding the return or destruction of
the Confidential Information, the Receiving Party will
continue to be bound by its confidentiality and. other
obligations hereunder in accordance with the terms of this
Agreement. At the Disclosing Party's option, the Receiving
Party will provide written certification of its compliance
with this Section.
16. Warranties and Disclaimers.
40,1 Product Warranties. Unless expressly provided
otherwise in a Product warranty in terms and conditions
accornpanying a Product, all Products shall materiaily
conform to their then current Documentation. Custorner
must notify KnowBed of any breach of this warranty within
the foregoing thirty (30) day period. Customer’s sole and
exclusive remedy, and KnowBed’s sole and exclusive
liability, for a breach of the foregoing warranty will be for
KnowBe4 to provide Product Support to repair or replace
the relevant Product or terminate the relevant Quote and
issue a refund for any pre-paid, unearned fees for the
affected portion of the Product. KnowBed shall not be
responsible for any breach of the foregoing warranty
resulting from Custorner’s abuse or misuse of the Product
or failure to use the Product as described in this
Agreement, including failure to use the Product in
accordance with jts operational requirements.
40.2 Service Warranties. KnowBed warrants that
KnowBe4 shall provide the Services in a professional,
workmanlike manner consistent with this Agreement.
Customer must notify KnowBed of any breach of this
warranty within thirty (0) days of delivery. Customer's
sole and exclusive remedy, and KnowBed’s sole and
exclusive liability, for a breach of the foregoing warranty
wil be for KnowBe4, in its sole discretion, to use
reasonable efforts to re-perform the Services or terminate
the relevant Quote and issue a refund for the portion of
price paid for the non-conforming Services.
16.3 Compliance Warranties.Each party warrants
that it will comply with all laws and regulations applicable
to its provision or use of the Products, as applicable
including applicable security breach notification law).
10.4 Disclaimers. EXCEPT FOR THE LIMITED
WARRANTIES IN SECTION 10 OR ANY EXPRESS
WARRANTIES PROVIDED IN TERMS AND CONDITIONS
ACCOMPANYING A PRODUCT: () THE PRODUCTS ARE
PROVIDED “AS 1S,” WITH ALL FAULTS, AND WITHOUT
WARRANTIES OF ANY KIND; AND (1) KNOWBE4 EXPRESSLY
DISCLAIMS ALL OTHER WARRANTIES, EXPRESS AND
IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, QUIET ENJOYIVIENT,
QUALITY OF INFORMATION, TITLE, NON-INFRINGEMENT,
AND FITNESS FOR A PARTICULAR PURPOSE. KNOWBE4
DOES NOT WARRANT THAT THE OPERATION OF THE
PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE OR
THAT DEFECTS IN THE PRODUCTS WILL BE CORRECTED, NO
ORAL OR WRITTEN INFORMATION, MARKETING OR
PROMOTIONAL MATERIALS, OR ADVICE GIVEN BY
KNOW BE4 OR KNOWBEA’S AUTHORIZED
REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY
WAY INCREASE THE SCOPE OF THE EXPRESS WARRANTIES
PROVIDED HEREIN.
40.5 THE PRODUCTS MAY BE USED TO ACCESS AND
TRANSFER INFORMATION OVER THE INTERNET.
CUSTOMER ACKNOWLEDGES AND AGREES THAT
KNOWSBE4 AND ITS VENDORS AND LICENSORS DO NOT
OPERATE OR CONTROL THE INTERNET AND THAT: (}
VIRUSES, WORMS, TROJAN HORSES, OR OTHER
UNDESIRABLE DATA OR SOFTWARE; OR {i}
UNAUTHORIZED USERS (6.G., HACKERS) MAY ATTEMPT TO
OBTAIN ACCESS TO AND DAMAGE CUSTOMER DATA,
WEB-SITES, COMPUTERS, OR NETWORKS, KNOWBE4 WILL
