Technical or design information relates to the Products; business or financial information, including but not limited to product plans, costs or prices; and any information designated by a Party as confidential or proprietary. The Parties shall hold in confidence any information designated by a Party as Confidential Information. Each Party shall only use the other Party’s Confidential Information as necessary to perform its obligations hereunder and will return or destroy it at the request of the disclosing Party or upon the termination or expiration of this Agreement. Confidential Information does not include information: otherwise available from a third party, without any limitations on its use, distribution or disclosure; in the public domain; or known to the receiving Party prior to its disclosure, as evidenced by written records. The Parties hereby covenant that they shall not disclose Confidential Information to any third party without prior written authorization of the disclosing Party; provided, however, that the Parties agree that Confidential Information may be disclosed to each Party’s employees and agents for such Party’s own internal purposes.
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LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS WEBSITE, TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PRODUCTS, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES.
If any legal and/or collections action or proceeding is brought to enforce any right, to terminate, interpret or rescind this agreement, or otherwise which relates to or arises from any provision of this agreement, the successful party will be entitled to recover its reasonable attorney’s fees and all other costs incurred in the connection with that action or proceeding.