Merge pull request #3 from CommonPaper/bg-update-section-reference

update reference to Confidentiality with the right section number

Software-License-Agreement.md

@@ -38,7 +38,7 @@
     1. <span class="header_3" id="5.1">Mutual.</span>  Each party represents and warrants to the other that: (a) it has the legal power and authority to enter into this Agreement; (b) it is duly organized, validly existing, and in good standing under the Applicable Laws of the jurisdiction of its origin; (c) it will comply with all Applicable Laws in performing its obligations or exercising its rights in this Agreement; and (d) it will comply with the <span class="keyterms_link">Additional Warranties</span>.
     2. <span class="header_3" id="5.2">Provider Warranty.</span>  <span class="coverpage_link">Provider</span> warrants that, for the <span class="orderform_link">Warranty Period</span>, the Software will substantially conform in all material respects to the specifications set forth in the Documentation when installed, operated, and used according to the Agreement.
     3. <span class="header_3" id="5.3">Warranty Exclusions.</span>  The warranty in Section 5.2 (Provider Warranty) does not apply to, nor will <span class="coverpage_link">Provider</span> be responsible or liable for, any issues arising from: (a) Software that has been modified or damaged by <span class="coverpage_link">Customer</span> or its Users or agents, (b) use of the Software in a manner other than as permitted by the Agreement, such as using the Software in combination with any software, hardware, firmware, system, or network other than as intended (c) <span class="coverpage_link">Customer's</span> failure to properly install Updates within a reasonable amount of time; or (d) material breach of this Agreement.
-    4. <span class="header_3" id="5.4">Provider Warranty Remedy.</span>  If <span class="coverpage_link">Provider</span> breaches the warranty in Section 5.2 (Provider Warranty), <span class="coverpage_link">Provider</span> will take the following steps, as applicable, to remedy such breach: (a) repair or replacing any damaged or defective Software; (b) amend, supplement, or replace any inaccurate Documentation; or (c) replace the Software with a functionally equivalent alternative, in which case the new software will, upon install or deployment, constitute Software under this Agreement). This Section 5.4 (Provider Warranty Remedy) describes <span class="coverpage_link">Customer's</span> exclusive remedy and <span class="coverpage_link">Provider's</span> entire liability for a breach or alleged breach of Section 5.2 (Provider Warranty).
+    4. <span class="header_3" id="5.4">Provider Warranty Remedy.</span>  If <span class="coverpage_link">Provider</span> breaches the warranty in Section 5.2 (Provider Warranty), <span class="coverpage_link">Provider</span> will take the following steps, as applicable, to remedy such breach: (a) repair or replacing any damaged or defective Software; (b) amend, supplement, or replace any inaccurate Documentation; or (c) replace the Software with a functionally equivalent alternative, in which case the new software will, upon install or deployment, constitute Software under this Agreement. This Section 5.4 (Provider Warranty Remedy) describes <span class="coverpage_link">Customer's</span> exclusive remedy and <span class="coverpage_link">Provider's</span> entire liability for a breach or alleged breach of Section 5.2 (Provider Warranty).
 6. <span class="header_2" id="6">Disclaimer of Warranties</span>
     1. <span class="coverpage_link">Provider</span> makes no guarantees that the Product will always be safe, secure, or error-free, or that it will function without disruptions, delays, or imperfections. The warranties in Section 5 (Representations & Warranties) do not apply to any misuse or unauthorized modification of the Product, nor to any product or service provided by anyone other than <span class="coverpage_link">Provider</span>. Except for the warranties in Section 5 (Representations & Warranties), <span class="coverpage_link">Provider</span> and <span class="coverpage_link">Customer</span> each **disclaim all other warranties and conditions, whether express or implied, including the implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement**. These disclaimers apply to the maximum extent permitted by Applicable Laws.
 7. <span class="header_2" id="7">Limitation of Liability</span>
@@ -47,7 +47,7 @@
         b. <span id="7.1.b"></span>**If there are <span class="keyterms_link">Increased Claims</span>, each party’s total cumulative liability for all <span class="keyterms_link">Increased Claims</span> arising out of or relating to this Agreement will not be more than the <span class="keyterms_link">Increased Cap Amount</span>.**
     2. <span class="header_3" id="7.2">Damages Waiver.</span>  **Except as provided in Section 7.4 (Exceptions), under no circumstances will either party be liable to the other for lost profits or revenues (whether direct or indirect), or for consequential, special, indirect, exemplary, punitive, or incidental damages relating to this Agreement, even if the party is informed of the possibility of this type of damage in advance. Examples of these types of damages include lost or otherwise corrupted data, cost of replacement of or restoration of data, delays or failure to transmit or receive data, business interruption, failure to realize expected savings, cost of substitute products or services, loss of goodwill, or reputational damage.**
     3. <span class="header_3" id="7.3">Applicability.</span>  **The limitations and waivers contained in Sections 7.1 (Liability Caps) and 7.2 (Damages Waiver) apply to all liability, whether in tort (including negligence), contract, breach of statutory duty, or otherwise.**
-    4. <span class="header_3" id="7.4">Exceptions.</span>  The liability cap in Section 7.1(a) does not apply to any <span class="keyterms_link">Increased Claims</span>. Section 7.1 (Liability Caps) does not apply to any <span class="keyterms_link">Unlimited Claims</span>. Section 7.2 (Damages Waiver) does not apply to any <span class="keyterms_link">Increased Claims</span>, any breach of Section 11 (Confidentiality), or <span class="coverpage_link">Customer's</span> breach of Section 1.1 (License) or Section 2.1 (Restrictions on Customer). Nothing in this Agreement will limit, exclude, or restrict a party's liability to the extent prohibited by Applicable Laws.
+    4. <span class="header_3" id="7.4">Exceptions.</span>  The liability cap in Section 7.1(a) does not apply to any <span class="keyterms_link">Increased Claims</span>. Section 7.1 (Liability Caps) does not apply to any <span class="keyterms_link">Unlimited Claims</span>. Section 7.2 (Damages Waiver) does not apply to any <span class="keyterms_link">Increased Claims</span>, any breach of Section 9 (Confidentiality), or <span class="coverpage_link">Customer's</span> breach of Section 1.1 (License) or Section 2.1 (Restrictions on Customer). Nothing in this Agreement will limit, exclude, or restrict a party's liability to the extent prohibited by Applicable Laws.
 8. <span class="header_2" id="8">Indemnification</span>
     1. <span class="header_3" id="8.1">Protection by Provider.</span>  <span class="coverpage_link">Provider</span> will indemnify, defend, and hold harmless <span class="coverpage_link">Customer</span> from and against all <span class="keyterms_link">Provider Covered Claims</span> made by someone other than <span class="coverpage_link">Customer</span>, <span class="coverpage_link">Customer's</span> Affiliates, or Users, and all out-of-pocket damages, awards, settlements, costs, and expenses, including reasonable attorneys’ fees and other legal expenses, that arise from the <span class="keyterms_link">Provider Covered Claims</span>.
     2. <span class="header_3" id="8.2">Protection by Customer.</span>  <span class="coverpage_link">Customer</span> will indemnify, defend, and hold harmless <span class="coverpage_link">Provider</span> from and against all <span class="keyterms_link">Customer Covered Claims</span> made by someone other than <span class="coverpage_link">Provider</span> or its Affiliates, and all out-of-pocket damages, awards, settlements, costs, and expenses, including reasonable attorneys’ fees and other legal expenses, that arise from the <span class="keyterms_link">Customer Covered Claims</span>.