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<br /> 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 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 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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