The Customer will keep in strictest confidence all Confidential Information that is disclosed to the Customer by the Company, whether or not such information is marked as “confidential.” In the event of an actual or threatened breach of this covenant, the Company shall be entitled to injunctive relief restraining the Customer from disclosing Confidential Information. Confidential Information includes but is not limited to any information not generally known to the public which, if misused or disclosed, could have a reasonable possibility of adversely affecting the business of the Company (a) products, marketing, sales, services, financial information and practices; (b) compilations of data or information concerning the Company’s business; (c) the names and business of the Company’s suppliers and and (d) confidential, proprietary, or trade secret information submitted by the Company’s other suppliers, employees, or consultants to the Company for study, evaluation or use. Such information strictly belongs to the Company.
The Customer’s sole remedy, and the Company’s sole liability for any defective goods rejected by the Customer, shall be limited to replacement of the Products or, at the Company’s option, refunding the portion of the price of such Products. In no event shall the Company’s liability for any claim, loss, costs or damages relating to any Products shipped, stored, sold or delivered hereunder exceed the purchase price therefore, nor shall the company be liable for any loss, charges or damages resulting from its inability to procure any Products ordered by the company or for delays or failure to deliver Products hereunder