Disclaimers and Limitations. 7.1 The Organization agrees that the Software has been developed as part of and for use in research conducted at UW. The Organization further agrees that the Software is developmental in nature and will likely contain errors, bugs and defects. 7.2 The Organization acknowledges and understands that the Software is an information tool and that any analyses, reports and other information contained in or produced by the Software is intended as a supplement to, and not a substitute for, the knowledge, expertise, skill and judgment of health care professionals. In no event shall the Software or any services provided by UW under this Agreement be considered to be any form of medical care, treatment or therapy to the Organization’s patients or clients and Organization shall remain solely responsible for the care, treatment, therapy, or other care, or other services provided to its patients or clients. 7.3 The Organization understands and agrees that any Data stored on the Server shall be considered a secondary source of health and other care information with respect to the Organization’s patients and clients. The Server shall not be considered a repository for any Designated Records Sets as that term is defined by HIPAA. The Organization agrees that it will maintain its own primary source of primary health records for its patients and clients and that in no event will it rely upon the Server or UW for such purposes. The Organization further agrees that it will not store any information on the Server unrelated to health care of its patients or clients. 7.4 ORGANIZATION shall defend, indemnify, defend and hold harmless UW, and its officers, developers, employees, students, and agents, against any and all claims, suits, losses, damages, costs, fees, and expenses resulting from Organization’s possession and/or use of the Software and Data Storage Services, including but not limited to from and against any and all claims or assertions of legal liability or demands for payment by any Third Party (“Claims”) to the extent that such Claims arise from or relate to any disclosure of Data, PHI, or other patient-related information tor any other Third Party, whether such disclosure was or was not to the Third Party bringing the Claims; and any damages, losses, or liabilities whatsoever with respect to death or injury to any person and damage to any property. This indemnification clause shall survive the termination of this Agreement. 7.5 THE SOFTWARE AND DATA HOSTING SERVICES ARE PROVIDED "AS-IS” AND EX- CEPT AS EXPRESSLY SET FORTH HEREIN, UW MAKES NO WARRANTIES, EXPRESS OR IM- PLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND INTERFERENCE IN ORGANIZATION ACCESS AND USE OF THE SOFTWARE AND DATA HOSTING SERVICES AND HEREBY DISCLAIMS ALL SUCH WARRANTIES AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, ALL MATTERS WITH RESPECT TO THE, SOFTWARE, DATA HOSTING SERVICES AND DATA. UW SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, LOST PROFITS, OR OTHER DAMAGES SUFFERED BY THE ORGANIZATION OR ANY THIRD PARTIES RESULTING FROMTHE USE OF THE SOFTWARE, DATA STORAGE SERVICES, OR DATA, INCLUDING ANY LOSS OR CORRUPTION OF DATA. IN NO EVENT SHALL UW BE RESPONSIBLE OR LIABLE FOR ANY CLAIM FOR PUNITIVE OR EXEMPLARY DAMAGES OR LOST PROFITS OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGES ARISING FROM ANY ALLEGED BREACH OF THIS AGREEMENT BY UW. ORGANIZATION HEREBY RELEASES UW, UWSOM, DEPARTMENT, THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, FACULTY, AND STUDENTS FROM ALL CLAIMS RELATING TO THE FOREGOING. 7.6 The Organization acknowledges that UW is an agency of the state of Washington and has obligations to maintain public records under Washington Law. If UW receives a public disclosure request for Data or Organization’s access to the Server or any part thereof, UW shall notify the Organization of the request. UW may in good faith, and at its sole discretion, respond to any such request, and in so doing, any release of information by UW that UW reasonably determines is not exempt from public disclosure shall not be deemed a breach of this Agreement. Organization releases UW from liability for release of any information held by UW pursuant to a public records request.
Appears in 2 contracts
Samples: License Agreement, License Agreement
Disclaimers and Limitations. 7.1 The Organization agrees that the Software has been developed as part of and for use in research conducted at UW. The Organization further agrees that the Software is developmental in nature and will likely contain errors, bugs and defects.
7.2 The Organization acknowledges and understands that the Software is an information tool and that any analyses, reports and other information contained in or produced by the Software is intended as a supplement sup- plement to, and not a substitute for, the knowledge, expertise, skill and judgment of health care professionals. In no event shall the Software or any services provided by UW under this Agreement be considered to be any form of medical care, treatment or therapy to the Organization’s patients or clients and Organization shall remain solely responsible for the care, treatment, therapy, or other care, or other services provided to its patients or clients.
7.3 The Organization understands and agrees that any Data stored on the Server shall be considered a secondary source of health and other care information with respect to the Organization’s patients and clients. The Server shall not be considered a repository for any Designated Records Sets as that term is defined by HIPAA. The Organization agrees that it will maintain its own primary source of primary health records for its patients and clients and that in no event will it rely upon the Server or UW for such purposes. The Organization further agrees that it will not store any information on the Server unrelated to health care of its patients or clients.
7.4 ORGANIZATION Organization shall defend, indemnify, defend and hold harmless UW, and its officers, developers, employees, students, and agents, against any and all claims, suits, losses, damages, costs, fees, and expenses resulting from Organization’s possession and/or use of the Software and Data Storage Services, including but not limited to from and against any and all claims or assertions of legal liability or demands for payment by any Third Party (“Claims”) to the extent that such Claims arise from or relate to any disclosure of Data, PHI, or other patient-related information tor any other Third Party, whether such disclosure was or was not to the Third Party bringing the Claims; and any damages, losses, or liabilities whatsoever with respect to death or injury to any person and damage to any property. This indemnification clause shall survive the termination of this Agreement.
7.5 THE SOFTWARE AND DATA HOSTING SERVICES ARE PROVIDED "AS-IS” AND EX- CEPT EXCEPT AS EXPRESSLY SET FORTH HEREIN, UW MAKES NO WARRANTIES, EXPRESS OR IM- PLIEDIMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND INTERFERENCE IN ORGANIZATION ACCESS AND USE OF THE SOFTWARE AND DATA HOSTING SERVICES AND HEREBY DISCLAIMS ALL SUCH WARRANTIES AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, ALL MATTERS WITH RESPECT TO THE, SOFTWARE, DATA HOSTING SERVICES AND DATA. UW SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, LOST PROFITS, OR OTHER DAMAGES SUFFERED BY THE ORGANIZATION OR ANY THIRD PARTIES RESULTING FROMTHE USE OF THE SOFTWARE, DATA STORAGE SERVICES, OR DATA, INCLUDING ANY LOSS OR CORRUPTION OF DATA. IN NO EVENT SHALL UW BE RESPONSIBLE OR LIABLE FOR ANY CLAIM FOR PUNITIVE OR EXEMPLARY DAMAGES OR LOST PROFITS OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGES ARISING FROM ANY ALLEGED BREACH OF THIS AGREEMENT BY UW. ORGANIZATION HEREBY RELEASES UW, UWSOM, DEPARTMENT, THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, FACULTY, AND STUDENTS FROM ALL CLAIMS RELATING TO THE FOREGOING.
7.6 The Organization acknowledges that UW is an agency of the state of Washington and has obligations to maintain public records under Washington Law. If UW receives a public disclosure request for Data or Organization’s access to the Server or any part thereof, UW shall notify the Organization of the request. UW may in good faith, and at its sole discretion, respond to any such request, and in so doing, any release of information by UW that UW reasonably determines is not exempt from public disclosure shall not be deemed a breach of this Agreement. Organization releases UW from liability for release of any information held by UW pursuant to a public records request.
Appears in 2 contracts
Samples: License Agreement, License Agreement
Disclaimers and Limitations. 7.1 The Organization agrees that the Software has been developed as part of and for use in research conducted at UW. The Organization further agrees that the Software is developmental in nature and will likely contain errors, bugs and defects.
7.2 The Organization acknowledges and understands that the Software is an information tool and that any analyses, reports and other information contained in or produced by the Software is intended as a supplement to, and not a substitute for, the knowledge, expertise, skill and judgment of health care professionals. In no event shall the Software or any services provided by UW under this Agreement be considered to be any form of medical care, treatment or therapy to the Organization’s patients or clients and Organization shall remain solely responsible for the care, treatment, therapy, or other care, or other services provided to its patients or clients.
7.3 The Organization understands and agrees that any Data stored on the Server shall be considered a secondary source of health and other care information with respect to the Organization’s patients and clients. The Server shall not be considered a repository for any Designated Records Sets as that term is defined by HIPAA. The Organization agrees that it will maintain its own primary source of primary health records for its patients and clients and that in no event will it rely upon the Server or UW for such purposes. The Organization further agrees that it will not store any information on the Server unrelated to health care of its patients or clients.
7.4 ORGANIZATION Organization shall defend, indemnify, defend and hold harmless UW, and its officers, developers, employees, students, and agents, against any and all claims, suits, losses, damages, costs, fees, and expenses resulting from Organization’s possession and/or use of the Software and Data Storage Services, including but not limited to from and against any and all claims or assertions of legal liability or demands for payment by any Third Party (“Claims”) to the extent that such Claims arise from or relate to any disclosure of Data, PHI, or other patient-related information tor any other Third Party, whether such disclosure was or was not to the Third Party bringing the Claims; and any damages, losses, or liabilities whatsoever with respect to death or injury to any person and damage to any property. This indemnification clause shall survive the termination of this Agreement.
7.5 THE SOFTWARE AND DATA HOSTING SERVICES ARE PROVIDED "AS-IS” AND EX- CEPT EXCEPT AS EXPRESSLY SET FORTH HEREIN, UW MAKES NO WARRANTIES, EXPRESS OR IM- PLIEDIMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND INTERFERENCE IN ORGANIZATION ACCESS AND USE OF THE SOFTWARE AND DATA HOSTING SERVICES AND HEREBY DISCLAIMS ALL SUCH WARRANTIES AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, ALL MATTERS WITH RESPECT TO THE, SOFTWARE, DATA HOSTING SERVICES AND DATA. UW SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, LOST PROFITS, OR OTHER DAMAGES SUFFERED BY THE ORGANIZATION OR ANY THIRD PARTIES RESULTING FROMTHE USE OF THE SOFTWARE, DATA STORAGE SERVICES, OR DATA, INCLUDING ANY LOSS OR CORRUPTION OF DATA. IN NO EVENT SHALL UW BE RESPONSIBLE OR LIABLE FOR ANY CLAIM FOR PUNITIVE OR EXEMPLARY DAMAGES OR LOST PROFITS OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGES ARISING FROM ANY ALLEGED BREACH OF THIS AGREEMENT BY UW. ORGANIZATION HEREBY RELEASES UW, UWSOM, DEPARTMENT, THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, FACULTY, AND STUDENTS FROM ALL CLAIMS RELATING TO THE FOREGOING.
7.6 The Organization acknowledges that UW is an agency of the state of Washington and has obligations to maintain public records under Washington Law. If UW receives a public disclosure request for Data or Organization’s access to the Server or any part thereof, UW shall notify the Organization of the request. UW may in good faith, and at its sole discretion, respond to any such request, and in so doing, any release of information by UW that UW reasonably determines is not exempt from public disclosure shall not be deemed a breach of this Agreement. Organization releases UW from liability for release of any information held by UW pursuant to a public records request.
Appears in 2 contracts
Samples: License Agreement, License Agreement
Disclaimers and Limitations. 7.1 The Organization agrees that the Software has been developed as part of and for use in research re‐ search conducted at UW. The Organization further agrees that the Software is developmental in nature and will likely contain errors, bugs and defects.
7.2 The Organization acknowledges and understands that the Software is an information tool and that any analyses, reports and other information contained in or produced by the Software is intended in‐ tended as a supplement to, and not a substitute for, the knowledge, expertise, skill and judgment of health care professionals. In no event shall the Software or any services provided by UW under this Agreement be considered to be any form of medical care, treatment or therapy to the OrganizationOrgan‐ ization’s patients or clients and Organization shall remain solely responsible for the care, treatmenttreat‐ ment, therapy, or other care, or other services provided to its patients or clients.
7.3 The Organization understands and agrees that any Data stored on the Server shall be considered consid‐ ered a secondary source of health and other care information with respect to the Organization’s patients and clients. The Server shall not be considered a repository for any Designated Records Sets as that term is defined by HIPAA. The Organization agrees that it will maintain its own primary prima‐ ry source of primary health records for its patients and clients and that in no event will it rely upon up‐ on the Server or UW for such purposes. The Organization further agrees that it will not store any information on the Server unrelated to health care of its patients or clients.
7.4 ORGANIZATION shall Organization will defend, indemnify, defend and hold UW harmless UW, and its officers, developers, employees, students, and agents, against any and all claims, suits, losses, damages, costs, fees, and expenses resulting from Organization’s possession and/or use of the Software and Data Storage Services, including but not limited to from and against any and all claims or assertions of legal liability or demands for payment by any Third Party (“Claims”) to the extent that such Claims arise from or relate to any disclosure of Data, PHI, or other patient-related patient‐related information tor any other Third Party, whether such disclosure was or was not to the Third Party bringing the Claims; and any damages, losses, or liabilities whatsoever with respect to death or injury to any person and damage to any property. This indemnification clause shall survive the termination of this Agreement.
7.5 THE SOFTWARE AND DATA HOSTING SERVICES ARE PROVIDED "AS-ISAS‐IS” AND EX- CEPT EXCEPT AS EXPRESSLY EX‐ PRESSLY SET FORTH HEREIN, UW MAKES NO WARRANTIES, EXPRESS OR IM- PLIEDIMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NONINFRINGE‐ MENT AND INTERFERENCE IN ORGANIZATION ACCESS AND USE OF THE SOFTWARE AND DATA HOSTING SERVICES AND HEREBY DISCLAIMS ALL SUCH WARRANTIES AS TO ANY MATTER WHATSOEVER WHAT‐ SOEVER INCLUDING, WITHOUT LIMITATION, ALL MATTERS WITH RESPECT TO THE, SOFTWARE, DATA HOSTING SERVICES AND DATA. UW SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIALCONSEQUEN‐ TIAL, LOST PROFITS, OR OTHER DAMAGES SUFFERED BY THE ORGANIZATION OR ANY THIRD PARTIES PAR‐ TIES RESULTING FROMTHE FROM THE USE OF THE SOFTWARE, DATA STORAGE SERVICES, OR DATA, INCLUDING INCLUD‐ ING ANY LOSS OR CORRUPTION OF DATA. IN NO EVENT SHALL UW BE RESPONSIBLE OR LIABLE FOR ANY CLAIM FOR PUNITIVE OR EXEMPLARY DAMAGES OR LOST PROFITS OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGES ARISING FROM ANY ALLEGED BREACH OF THIS AGREEMENT BY UW. ORGANIZATION HEREBY RELEASES UW, UWSOM, DEPARTMENT, THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, FACULTY, AND STUDENTS FROM ALL CLAIMS RELATING TO THE FOREGOING.
7.6 The Organization acknowledges that UW is an agency of the state of Washington and has obligations obli‐ gations to maintain public records under Washington Law. If UW receives a public disclosure request re‐ quest for Data or Organization’s access to the Server or any part thereof, UW shall notify the Organization Or‐ ganization of the request. UW may in good faith, and at its sole discretion, respond to any such request, and in so doing, any release of information by UW that UW reasonably determines is not exempt from public disclosure shall not be deemed a breach of this Agreement. Organization releases re‐ leases UW from liability for release of any information held by UW pursuant to a public records request.
Appears in 1 contract
Samples: License Agreement
Disclaimers and Limitations. 7.1 8.1 The Organization agrees that the Software has been developed as part of and for use in research conducted at UW. The Organization further agrees that the Software is developmental in nature and will likely contain errors, bugs and defects.
7.2 8.2 The Organization acknowledges and understands that the Software is an information tool and that any analyses, reports and other information contained in or produced by the Software is intended as a supplement to, and not a substitute for, the knowledge, expertise, skill and judgment of health care professionals. In no event shall the Software or any services provided by UW under this Agreement be considered to be any form of medical care, treatment or therapy to the Organization’s patients or clients and Organization shall remain solely responsible for the care, treatment, therapy, or other care, or other services provided to its patients or clients.
7.3 8.3 The Organization understands and agrees that any Data stored on the Server shall be considered a secondary source of health and other care information with respect to the Organization’s patients and clients. The Server shall not be considered a repository for any Designated Records Sets as that term is defined by HIPAA. The Organization agrees that it will maintain its own primary source of primary health records for its patients and clients and that in no event will it rely upon the Server or UW for such purposes. The Organization further agrees that it will not store any information on the Server unrelated to health care of its patients or clients.
7.4 ORGANIZATION 8.4 Organization shall defend, indemnify, defend and hold harmless UW, and its officers, developers, employees, students, and agents, against any and all claims, suits, losses, damages, costs, fees, and expenses resulting from Organization’s possession and/or use of the Software and Data Storage Services, including but not limited to from and against any and all claims or assertions of legal liability or demands for payment by any Third Party (“Claims”) to the extent that such Claims arise from or relate to any disclosure of Data, PHI, or other patient-related information tor any other Third Party, whether such disclosure was or was not to the Third Party bringing the Claims; and any damages, losses, or liabilities whatsoever with respect to death or injury to any person and damage to any property. This indemnification clause shall survive the termination of this Agreement.
7.5 8.5 THE SOFTWARE AND DATA HOSTING SERVICES ARE PROVIDED "AS-IS” AND EX- CEPT AS EXPRESSLY SET FORTH HEREIN, UW MAKES NO WARRANTIES, EXPRESS OR IM- PLIEDIMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT AND INTERFERENCE IN ORGANIZATION ACCESS AND USE OF THE SOFTWARE AND DATA HOSTING SERVICES AND HEREBY DISCLAIMS ALL SUCH WARRANTIES AS TO ANY MATTER WHATSOEVER INCLUDING, WITHOUT LIMITATION, ALL MATTERS WITH RESPECT TO THE, SOFTWARE, DATA HOSTING SERVICES AND DATA. UW SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, LOST PROFITS, OR OTHER DAMAGES SUFFERED BY THE ORGANIZATION OR ANY THIRD PARTIES RESULTING FROMTHE USE OF THE SOFTWARE, DATA STORAGE SERVICES, OR DATA, INCLUDING ANY LOSS OR CORRUPTION OF DATA. IN NO EVENT SHALL UW BE RESPONSIBLE OR LIABLE FOR ANY CLAIM FOR PUNITIVE OR EXEMPLARY DAMAGES OR LOST PROFITS OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGES ARISING FROM ANY ALLEGED BREACH OF THIS AGREEMENT BY UW. ORGANIZATION HEREBY RELEASES UW, UWSOM, DEPARTMENT, THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, FACULTY, AND STUDENTS FROM ALL CLAIMS RELATING TO THE FOREGOING.
7.6 8.6 The Organization acknowledges that UW is an agency of the state of Washington and has obligations to maintain public records under Washington Law. If UW receives a public disclosure request for Data or Organization’s access to the Server or any part thereof, UW shall notify the Organization of the request. UW may in good faith, and at its sole discretion, respond to any such request, and in so doing, any release of information by UW that UW reasonably determines is not exempt from public disclosure shall not be deemed a breach of this Agreement. Organization releases UW from liability for release of any information held by UW pursuant to a public records request.
Appears in 1 contract
Samples: License Agreement
Disclaimers and Limitations. 7.1 The Organization agrees that the Software has been developed as part of and for use in research re‐ search conducted at UW. The Organization further agrees that the Software is developmental in nature and will likely contain errors, bugs and defects.
7.2 The Organization acknowledges and understands that the Software is an information tool and that any analyses, reports and other information contained in or produced by the Software is intended in‐ tended as a supplement to, and not a substitute for, the knowledge, expertise, skill and judgment of health care professionals. In no event shall the Software or any services provided by UW under this Agreement be considered to be any form of medical care, treatment or therapy to the OrganizationOrgan‐ ization’s patients or clients and Organization shall remain solely responsible for the care, treatmenttreat‐ ment, therapy, or other care, or other services provided to its patients or clients.
7.3 The Organization understands and agrees that any Data stored on the Server shall be considered consid‐ ered a secondary source of health and other care information with respect to the Organization’s patients and clients. The Server shall not be considered a repository for any Designated Records Sets as that term is defined by HIPAA. The Organization agrees that it will maintain its own primary prima‐ ry source of primary health records for its patients and clients and that in no event will it rely upon up‐ on the Server or UW for such purposes. The Organization further agrees that it will not store any information on the Server unrelated to health care of its patients or clients.
7.4 ORGANIZATION shall defendTo the extent allowed by law, Organization will indemnify, defend and hold UW harmless UW, and its officers, developers, employees, students, and agents, against any and all claims, suits, losses, damages, costs, fees, and expenses resulting from Organization’s possession and/or use of the Software and Data Storage Services, including but not limited to from and against any and all claims or assertions of legal liability or demands for payment by any Third Party Par‐ ty (“Claims”) to the extent that such Claims arise from or relate to any disclosure of Data, PHI, or other patient-related patient‐related information tor to New York State Office of Mental Health or any other Third Party, whether such disclosure was or was not to the Third Party bringing the Claims; and . Notwith‐ standing the foregoing, in no event will UW be liable to the Organization for claims of punitive or exemplary damages or for lost profits or any damages, losses, other form of consequential damages alleged to arise from any breach by UW of this Agreement or liabilities whatsoever with respect alleged to death or injury arise from any other act by UW re‐ lating to any person and damage to any property. This indemnification clause shall survive the termination of services provided under this Agreement.
7.5 THE SOFTWARE AND DATA HOSTING SERVICES ARE PROVIDED "AS-ISAS‐IS” AND EX- CEPT EXCEPT AS EXPRESSLY EX‐ PRESSLY SET FORTH HEREIN, UW MAKES NO WARRANTIES, EXPRESS OR IM- PLIEDIMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT NONINFRINGE‐ MENT AND INTERFERENCE IN ORGANIZATION ACCESS AND USE OF THE SOFTWARE AND DATA HOSTING SERVICES AND HEREBY DISCLAIMS ALL SUCH WARRANTIES AS TO ANY MATTER WHATSOEVER WHAT‐ SOEVER INCLUDING, WITHOUT LIMITATION, ALL MATTERS WITH RESPECT TO THE, SOFTWARE, DATA HOSTING SERVICES AND DATA. UW SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIALCONSEQUEN‐ TIAL, LOST PROFITS, OR OTHER DAMAGES SUFFERED BY THE ORGANIZATION OR ANY THIRD PARTIES PAR‐ TIES RESULTING FROMTHE FROM THE USE OF THE SOFTWARE, DATA STORAGE SERVICES, OR DATA, INCLUDING INCLUD‐ ING ANY LOSS OR CORRUPTION OF DATA. IN NO EVENT SHALL UW BE RESPONSIBLE OR LIABLE FOR ANY CLAIM FOR PUNITIVE OR EXEMPLARY DAMAGES OR LOST PROFITS OR ANY OTHER FORM OF CONSEQUENTIAL DAMAGES ARISING FROM ANY ALLEGED BREACH OF THIS AGREEMENT BY UW. ORGANIZATION HEREBY RELEASES UW, UWSOM, DEPARTMENT, THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, FACULTY, AND STUDENTS FROM ALL CLAIMS RELATING TO THE FOREGOING.
7.6 The Organization acknowledges that UW is an agency of the state of Washington and has obligations obli‐ gations to maintain public records under Washington Law. If UW receives a public disclosure request re‐ quest for Data or Organization’s access to the Server or any part thereof, UW shall notify the Organization Or‐ ganization of the request. UW may in good faith, and at its sole discretion, respond to any such request, and in so doing, any release of information by UW that UW reasonably determines is not exempt from public disclosure shall not be deemed a breach of this Agreement. Organization releases re‐ leases UW from liability for release of any information held by UW pursuant to a public records request.
Appears in 1 contract
Samples: License Agreement