5. CLIENT RESPONSIBILITIES
Client acknowledges that it shall be responsible for performing the following in a reasonable and timely manner:
- (a) coordination of any decision-making with parties other than MagentaDot Brands;
- (b) provision of Client Content in a form suitable for reproduction or incorporation into the Deliverables without further preparation, unless otherwise expressly provided in the Proposal;
- (c) ﬁnal proofreading and in the event that Client has approved Deliverables but errors, such as, by way of example, not limitation, typographic errors or misspellings, remain in the ﬁnished product, Client shall incur the cost of correcting such errors ; and
- (d) ensuring that all information and claims comprising Client Content are accurate, legal and conform to applicable standards in Client’s industry.
All displays or publications of the Deliverables shall bear accreditation and/or copyright notice in MagentaDot Brands’ name in the form, size and location as incorporated by MagentaDot Brands in the Deliverables, or as otherwise directed by MagentaDot Brands. MagentaDot Brands retains the right to reproduce, publish and display the Deliverables in MagentaDot Brands’ portfolios and websites, and in galleries, design periodicals and other media or exhibits for the purposes of recognition of creative excellence or professional advancement, and to be credited with authorship of the Deliverables in connection with such uses. Either party, subject to the other’s reasonable approval, may describe its role in relation to the Project and, if applicable, the services provided to the other party on its website and in other promotional materials, and, if not expressly objected to, include a link to the other party’s website.
7. CONFIDENTIAL INFORMATION
Each party acknowledges that in connection with this Agreement it may receive certain conﬁdential or proprietary technical and business information and materials of the other party, including without limitation Preliminary Works (“Conﬁdential Information”). Each party, its agents and employees shall hold and maintain in strict conﬁdence all Conﬁdential Information, shall not disclose Conﬁdential Information to any third party, and shall not use any Conﬁdential Information except as may be necessary to perform its obligations under the Proposal except as may be required by a court or governmental authority. Notwithstanding the foregoing, Conﬁdential Information shall not include any information that is in the public domain or becomes publicly known through no fault of the receiving party, or is otherwise properly received from a third party without an obligation of conﬁdentiality.