CAE CathLabVR Simulator User Manual page 5

CAECathLabVR
Front Matter
5.2 The obligations of confidentiality, use and non-disclosure referred to in this Section 5 shall not
apply to information which: (i) is or becomes publicly available through no fault of Licensee; (ii) was
already in the rightful possession of Licensee prior to its receipt from CAE; (iii) is independently
developed by Licensee, provided it is not, in whole or in part, related to the Product; and (iv) is
obtained by Licensee in good faith and on a non-confidential basis and without a use restriction from
a third party who lawfully obtained and disclosed such information. However, Confidential
Information does not come within the foregoing exceptions merely because features of it may be
found separately or within a general disclosure in the public domain.
5.3 Licensee agrees to be responsible for enforcing the terms of this Section 5 and to take such
action, legal or otherwise, to the extent necessary to cause anyone having access to the Confidential
Information to comply with the terms and conditions set forth herein (including all actions that
Licensee would take to protect its own trade secrets and confidential information but with not less
than reasonable care). Licensee shall be responsible and indemnify, defend and hold harmless CAE
for any default caused by any such persons.
6. Irreparable Harm
6.1 Licensee acknowledges that the Software and Data constitute a special, irreplaceable asset of
great value to CAE, and that a breach, in any way, of any of Licensee's obligations under Sections 2
(License), and 5 (Non-Disclosure) hereof would cause serious and irreparable harm to CAE which may
not be adequately compensated for in damages. If the Licensee breaches any of such provisions,
Licensee consents to an injunction being issued against it restraining it from any further breach of
such provision, without derogation from any other remedy which CAE may have in the event of such
a breach.
7. Warranty
7.1 THE SOLE WARRANTIES PROVIDED BY CAE ARE LIMITED TO THE WARRANTIES PROVIDED IN THE
HEPGTC. ANY WARRANTIES PROVIDED ARE PERSONAL AND NOT TRANSFERABLE.
8. Limitation of Liability
8.1 CAE'S LIABILITY SHALL IN NO CIRCUMSTANCES EXCEED THE LIMITATION OF LIABILITY INDICATED
IN THE HEPGTC.
8.2 IN NO EVENT WILL CAE BE LIABLE FOR ANY LOSS OF USE, LOSS OF PROFIT, INTERRUPTION OF
BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF
ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY, OR OTHERWISE, EVEN IF
CAE HAS BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT WILL CAE'S LIABILITY TO LICENSEE FOR ANY CLAIM, WHETHER IN CONTRACT, TORT OR ANY
OTHER THEORY OF LIABILITY, EXCEED THE PURCHASE PRICE OF THE PRODUCT PAID BY LICENSEE.
PN: 905K400652
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