and maintaining the Metadata database.
10. POST TERMINATION RIGHTS
Upon the expiration or termination of this Agreement, all rights granted to END USER under this Agreement shall forthwith terminate and immediately revert to GET DIGITAL DATA and END USER shall discontinue all use of the Metadata and the like.
12. INFRINGEMENTS
A.GET DIGITAL DATA shall have the right, in its sole discretion, to prosecute lawsuits against third persons for infringement of GET DIGITAL DATA's rights in the Metadata related to this Agreement with END USER or are otherwise brought to GET DIGITAL DATA s attention by END USER.
B.END USER agrees to fully cooperate with GET DIGITAL DATA in the prosecution of any such suit. GET DIGITAL DATA shall reimburse END USER for the expenses incurred as a result of such cooperation.
13. INDEMNITY
A.GET DIGITAL DATA agrees to defend, indemnify and hold END USER, its officers, directors, agents and employees, harmless against all costs, expenses and losses (including reasonable attorneys' fees and costs) incurred through claims of third parties against END USER based on a breach by GET DIGITAL DATA of any representation and warranty made in this Agreement.
B.END USER agrees to defend, indemnify and hold GET DIGITAL DATA, its officers, directors, agents and employees, harmless against all costs, expenses and losses (including reasonable attorneys' fees and costs) incurred through claims of third parties against GET DIGITAL DATA based on a breach by END USER of any representation made in this Agreement, or otherwise by any action of END USER that is not covered by the indemnification provisions of GET DIGITAL DATA in the Agreement.
14. FORCE MAJEURE
Neither party shall be liable for any loss or delay resulting from any force majeure event, including acts of God, fire, natural disaster, terrorism, labor stoppage, war or military hostilities, or inability of carriers to make scheduled deliveries, and any payment or delivery date shall be extended to the extent of any delay resulting from any force majeure event.
14. JURISDICTION AND DISPUTES
A.This Agreement shall be governed by the laws of Indiana.
B.All disputes hereunder shall be resolved in the applicable state or federal courts of Indiana. The parties consent to the exclusive jurisdiction of such courts, agree to accept service of process by mail, and waive any jurisdictional or venue defenses otherwise available.
15. AGREEMENT BINDING ON SUCCESSORS
This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their heirs, administrators, successors and assigns.
16. WAIVER
No waiver by either party of any default shall be deemed as a waiver of any prior or subsequent default of the same or other provisions of this Agreement.
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