You hereby agree to indemnify, defend and hold Compu-Gen Technologies (hereinafter referred to as "company"), and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of data or data recovery.

While Compu-Gen agrees to use its best effort to protect and / or recover client data,  it is exclusively the clients responsibility to back up all important data, documents, files, pictures or any other needed content.

The client agrees that Compu-Gen is in no way liable in the event that Compu-Gen is unsuccessful in recovering or protecting Client’s data. Compu-Gen assumes no liability for damage to client’s data and/or property while performing data recovery procedures or during shipment or for uninsured shipments. The client authorizes Compu-Gen, its employees, and agents, to receive and transport this media/equipment/data to, from and between their facilities. Compu-Gen shall not be liable for any claims regarding lost media whether the media has been lost at Compu-Gen or while in transit.

You shall cooperate as fully as reasonably required in the defense of any claim. Compu-Gen reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of Compu-Gen.

Data recovery is not guaranteed.

The parties shall submit all disputes relating to this Agreement (whether contract, tort or both) to arbitration, in accordance with the Rules of the American Arbitration Association. Either party may enforce the award of the arbitrator in a Court of competent jurisdiction. The parties understand that they are waiving their rights to a jury trial. This agreement shall be construed under and in accordance with the laws of the state of Pennsylvania, and all obligations of the Parties created in this Agreement are performable in Lycoming County, Pennsylvania, United States of America.