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e. Proprietary Notices. Subscriber will not remove any copyright or
<br /> proprietary notices included in and/or on the Court Data Services Programs or Court Data
<br /> Services Databases, related documentation, or trade secret information of Court and its
<br /> licensors, or any part thereof, made available by Court directly or through the BCA, if any,
<br /> and Subscriber will include in and/or on any copy of the Court Data Services Programs or
<br /> Court Data Services Databases, or trade secret information of Court and its licensors and any
<br /> documents pertaining thereto, the same copyright and other proprietary notices as appear on
<br /> the copies made available to Subscriber by Court directly or through the BCA, except that
<br /> copyright notices shall be updated and other proprietary notices added as may be
<br /> appropriate.
<br /> f. Title; Return. The Court Data Services Programs and Court Data Services
<br /> Databases, and related documentation, including but not limited to training and
<br /> configuration material, if any, and logon account information and passwords, if any, made
<br /> available by the Court to Subscriber directly or through the BCA and all copies, including
<br /> partial copies, thereof are and remain the property of the respective licensor. Except as
<br /> expressly provided in section 12.b., within ten days of the effective date of termination of
<br /> this Subscriber Amendment or the CJDN Subscriber Agreement or within ten days of a
<br /> request for termination of Authorized Court Data Service as described in section 4,
<br /> Subscriber shall either: (i) uninstall and return any and all copies of the applicable Court
<br /> Data Services Programs and Court Data Services Databases, and related documentation,
<br /> including but not limited to training and configuration materials, if any, and logon account
<br /> information, if any; or (2) destroy the same and certify in writing to the Court that the same
<br /> have been destroyed.
<br /> 8. INJUNCTIVE RELIEF. Subscriber acknowledges that the Court, Court's
<br /> licensors, and DCA will be irreparably harmed if Subscriber's obligations under this Subscriber
<br /> Amendment are not specifically enforced and that the Court, Court's licensors, and DCA would not
<br /> have an adequate remedy at law in the event of an actual or threatened violation by Subscriber of its
<br /> obligations. Therefore, Subscriber agrees that the Court, Court's licensors, and DCA shall be
<br /> entitled to an injunction or any appropriate decree of specific performance for any actual or
<br /> threatened violations or breaches by Subscriber or its bona fide personnel without the necessity of
<br /> the Court, Court's licensors, or DCA showing actual damages or that monetary damages would not
<br /> afford an adequate remedy. Unless Subscriber is an office, officer, agency, department, division, or
<br /> bureau of the state of Minnesota, Subscriber shall be liable to the Court, Court's licensors, and DCA
<br /> for reasonable attorneys fees incurred by the Court, Court's licensors, and DCA in obtaining any
<br /> relief pursuant to this Subscriber Amendment.
<br /> 9. LIABILITY. Subscriber and the Court agree that, except as otherwise expressly
<br /> provided herein, each party will be responsible for its own acts and the results thereof to the extent
<br /> authorized by law and shall not be responsible for the acts of any others and the results thereof.
<br /> Liability shall be governed by applicable law. Without limiting the foregoing, liability of the Court
<br /> and any Subscriber that is an office, officer, agency, department, division, or bureau of the state of
<br /> Minnesota shall be governed by the provisions of the Minnesota Tort Claims Act, Minnesota
<br /> Statutes, section 3.376, and other applicable law. Without limiting the foregoing, if Subscriber is a
<br /> political subdivision of the state of Minnesota, liability of the Subscriber shall be governed by the
<br /> provisions of Minn. Stat. Ch. 466 (Tort Liability, Political Subdivisions) or other applicable law.
<br /> Subscriber and Court further acknowledge that the liability, if any, of the BCA is governed by a
<br /> separate agreement between the Court and the BCA dated December 13,2010 with DPS-M-0958.
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