In order to ensure the protection of data that have been disclosed in the course of the cooperation, the agreement must clearly specify which information is to be considered confidential and is not subject to disclosure to the public or to third parties. The MSA must determine whether the software development provider can refer to its partnership with the employer in the ads. Section that sets limits of liability. As a general rule, both parties are not liable for indirect or consequential damages. However, if exceptions are granted, they should be included in the ADS. In addition, the agreement lists the employees and partners involved who take care of the risks associated with operational incidents that result in direct losses. The customer represents and warrants that its ownership and the collection, use and disclosure of customer data do not violate the rights of third parties, including intellectual property rights, privacy and publicity rights. When the customer receives requests regarding the shutdown of the customer`s data or the use of third-party products, he must immediately: (a) stop using the item associated with the Optimizely service; and (b) inform Optimizely. If Optimizely receives requests for customer recruitment or breaches related to customer data or customer`s use of third-party products, Optimizely may respond in accordance with its policies and inform and consult with customer on next steps. Optimizely provides web-based support through its website (currently available under help.optimizely.com/).
Additional support services may be made available to the customer upon payment of the costs incurred (if any), as indicated in the customer`s order form. . . .