Service Agreement Data


12.5 This agreement and all the documents mentioned in it constitute the whole agreement between the parties and resolve all previous agreements between the parties regarding their purpose (including possible customer orders). Each party acknowledges that, at the time of this agreement, it did not rely on statements, assurances, insurance or guarantees (except in the event of an infringement) and that it has no right or recourse to them (negligently or not) (except in the event of an infringement), as expressly provided by this agreement. Each Party assures and guarantees that, at the time of the conclusion of this Agreement, it was not based on oral or written statements, guarantees or other guarantees, guarantees, assurances or commitments (or omission or omission of the other contracting party, statements, assurances, insurance or obligations) (all “pre-contract statements”) that are not expressly specified in this agreement. Each party waives all rights and remedies that it might otherwise have with respect to such pre-contract statements, including all claims it has made to conclude this agreement or to accept its terms on the basis of pre-contract statements. 2.14 Optimizely Technology refers to the Optimizely Service, all documentation, technologies, codes, know-how, logos and associated or underlying models (including in reports or numbers received by the Optimizely Service), anything provided as part of the medium or other services, as well as any updates, changes or works derived from any of the above information, including any feedback. In accordance with the requirement of the unveiling party for the duration, at the expiry or expiry of this contract or at the performance of the obligations of the receiving party, if any, the receiving party (a) must return or destroy, as the revealing party may say, and in which, reasonably, the revealing party, all the information contained in each medium containing the confidential information of the party dividing it, or relating to it, and (b) do not retain copies; with the exception of a copy only to the extent that it exists, provided, however, that no party is required to delete confidential information that is subject to a license issued or contained in an archived computerized protection system that is established in accordance with the security and/or restoration procedures of that party`s emergency, provided that this copy (a) is eventually deleted or destroyed as part of that party`s data processing procedures, and b) is subject to the confidentiality and security obligations set out in this document.