Examples of IBW in a sentence
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, IN NO EVENT SHALL IBW’S LIABILITY FOR ANY DAMAGES TO CUSTOMER OR ANY OTHER PARTY EVER EXCEED, IN THE AGGREGATE, THE SUBSCRIPTION FEES PAID BY CUSTOMER TO IBW UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTH PERIOD ENDING ON THE DATE OF DELIVERY OF NOTICE TO IBW OF CUSTOMER’S CLAIM, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, EQUITY, STRICT LIABILITY, TORT, PRODUCTS LIABILITY, OR OTHERWISE.
Customer acknowledges that as between Customer and IBW, the System is the proprietary property of IBW and that IBW shall retain all right, title and interest, including copyrights and trade secret rights, in and to the System and all modifications, revisions, enhancements or improvements thereof.
The parties agree that the provisions of this Section 6 fairly allocate risks under this Agreement between Customer and IBW, and that IBW’s pricing reflects this allocation of risks and limitation of liability.
Each of IBW and Customer represents and warrants that it has in place, and shall continue to implement, support and maintain, commercially reasonable security measures and techniques to eliminate to the extent practical unauthorized access or damage to the System and Customer Data including the diligent use of commercially available third-party software to safeguard against computer viruses (collectively “Security Measures”).
Customer agrees that IBW may include Customer’s name and logo in customer listings, press releases, product brochures and financial reports indicating that Customer is a customer of IBW.
The Software, Third Party Software and Documentation are copyrighted works of authorship of IBW and its vendors and, except as set forth herein, may not be copied, reproduced, distributed or transferred by any means or in any form, without the express written permission of IBW.
IBW shall be entitled, without notice to Customer, to deactivate any user names and passwords which have been inactive for a period in excess of one hundred eighty (180) days.
Customer shall promptly communicate any loss, theft or misuse of user names or passwords to IBW in writing.
IBW SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, ACCURACY AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SOFTWARE, DOCUMENTATION AND SAID OTHER MATERIALS AND SERVICES, IF ANY, AND WITH RESPECT TO THE USE OF ANY OF THE FOREGOING.
Upon written request by Customer made within 30 days after the effective date of termination of a subscription, IBW will send to Customer for any requested standard reports (unfiltered) available on WePlanWell Documents & Report page.