ACCESS TO, ANY OF THE
CONFIDENTIAL INFORMATION BY ANY PERSON NOT AUTHORISED TO POSSESS, USE OR HAVE
KNOWLEDGE OF THE CONFIDENTIAL INFORMATION AND SHALL AT THE REQUEST OF THE OTHER
PARTY PROVIDE SUCH REASONABLE ASSISTANCE AT ITS OWN EXPENSE AS IS REQUIRED BY
SUCH OTHER PARTY TO DEAL WITH SUCH EVENT.
13.3 THE PROVISIONS OF THIS CLAUSE SHALL NOT APPLY TO ANY INFORMATION WHICH:
13.3.1 IS IN OR ENTERS THE PUBLIC DOMAIN OTHER THAN BY BREACH OF THIS CLAUSE; OR
13.3.2 IS OBTAINED FROM A THIRD PARTY WHO IS LAWFULLY AUTHORISED TO DISCLOSE
SUCH INFORMATION; OR
13.3.3 IS INDEPENDENTLY DEVELOPED WITHOUT REFERENCE TO THE CONFIDENTIAL
INFORMATION OF THE DISCLOSING PARTY AND SUCH INDEPENDENT DEVELOPMENT CAN BE
PROVED TO THE REASONABLE SATISFACTION OF THE DISCLOSING PARTY; OR
13.3.4 IS AUTHORISED FOR RELEASE BY WRITTEN CONSENT OF THE DISCLOSING PARTY; OR
13.3.5 IS REQUIRED TO BE DISCLOSED BY ORDER OF A COURT OF COMPETENT JURISDICTION
OR BY A GOVERNMENTAL OR REGULATORY BODY.
14 EXPORT REGULATION
14.1 IF THE CONTENT CLIENT EXPORTS THE SOFTWARE AND/OR RELATED DOCUMENTATION
OUTSIDE OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION IN ACCORDANCE WITH THIS
AGREEMENT, THE CONTENT CLIENT IS OBLIGATED AND SOLELY RESPONSIBLE FOR ENSURING
COMPLIANCE WITH ALL APPLICABLE IMPORT AND EXPORT LAWS AND REGULATIONS OF THE
COUNTRY OF DESTINATION AND ANY APPLICABLE FOREIGN JURISDICTION.
14.2 THE CONTENT CLIENT SHALL INDEMNIFY, DEFEND AND HOLD NETDIMENSIONS HARMLESS
FROM ANY CLAIMS BROUGHT AGAINST NETDIMENSIONS ARISING FROM THE CONTENT CLIENT'S
EXPORT, IMPORT OR HANDLING OF THE SOFTWARE AND RELATED DOCUMENTATION.
15 FORCE MAJEURE
15.1 NEITHER PARTY SHALL BE LIABLE TO THE OTHER UNDER THIS AGREEMENT FOR ANY
FAILURE TO PERFORM ITS OBLIGATIONS HEREUNDER OTHER THAN PAYMENT OBLIGATIONS OR
FOR ANY LOSS OR DAMAGE WHICH MAY BE SUFFERED BY THE OTHER PARTY DUE TO ANY
CIRCUMSTANCES BEYOND ITS REASONABLE CONTROL INCLUDING WITHOUT LIMITATION ANY ACT
OF GOD, FAILURE OR SHORTAGE OF POWER SUPPLIES, FLOOD, LIGHTNING OR FIRE, STRIKE
OR OTHER INDUSTRIAL ACTION THE ACT OR OMISSION OF GOVERNMENT OR OTHER COMPETENT
REGULATORY AUTHORITY, WAR, MILITARY OPERATIONS, OR RIOT.
15.2 IF EITHER PARTY WISHES TO RELY UPON THIS CLAUSE IT SHALL SEND WRITTEN
NOTICE TO THE OTHER PARTY EXPLAINING THE RELEVANT FORCE MAJEURE CIRCUMSTANCES.
16 GENERAL
16.1 THIS AGREEMENT IS PERSONAL TO THE CONTENT CLIENT AND MAY NOT BE ASSIGNED TO
ANY THIRD PARTY IN WHOLE OR IN PART WITHOUT THE PRIOR WRITTEN CONSENT OF
NETDIMENSIONS.
16.2 THIS AGREEMENT SHALL NOT BE VARIED OR AMENDED UNLESS SUCH VARIATION OR
AMENDMENT IS AGREED IN WRITING BY DULY AUTHORISED REPRESENTATIVES OF BOTH
PARTIES.
16.3 IF ANY PROVISION OF THIS AGREEMENT IS HELD INVALID, ILLEGAL OR
UNENFORCEABLE FOR ANY REASON BY ANY COURT OF COMPETENT JURISDICTION, SUCH
PROVISION SHALL BE SEVERED AND THE REMAINDER OF THE PROVISIONS HEREOF SHALL
CONTINUE IN FULL FORCE AND EFFECT AS IF THIS AGREEMENT HAD BEEN EXECUTED WITH
THE INVALID, ILLEGAL OR UNENFORCEABLE PROVISION ELIMINATED.
IN THE EVENT OF A
HOLDING OF INVALIDITY SO FUNDAMENTAL AS TO PREVENT THE ACCOMPLISHMENT OF THE
PURPOSE OF THIS AGREEMENT, THE PARTIES SHALL IMMEDIATELY