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(b) DAMAGES. IN NO EVENT SHALL LICENSOR, ITS SUPPLIERS OR
THEIR RELEVANT SUBCONTRACTORS BE LIABLE FOR (A) ANY
INCIDENTAL,
DAMAGES, LOST PROFITS OR LOST OR DAMAGED DATA, OR
ANY INDIRECT DAMAGES, WHETHER ARISING IN CONTRACT,
TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR
OTHERWISE OR (B) ANY COSTS OR EXPENSES FOR THE
PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES IN EACH
CASE, EVEN IF LICENSOR OR ITS SUPPLIERS HAVE BEEN
INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
3.5 Exclusions. SOME JURISDICTIONS DO NOT PERMIT THE
LIMITATIONS OF LIABILITY AND LIMITED WARRANTIES SET
FORTH UNDER THIS AGREEMENT. IN THE EVENT YOU ARE
LOCATED IN ANY SUCH JURISDICTION, THE FOREGOING
LIMITATIONS SHALL APPLY ONLY TO THE MAXIMUM EXTENT
PERMITTED IN SUCH JURISDICTIONS. IN NO EVENT SHALL
THE
FOREGOING
DAMAGES BE DEEMED TO APPLY TO ANY LIABILITY BASED
ON FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE OR
PERSONAL INJURY OR DEATH.
4.
Confidential Information
4.1 Generally. The Software (and its accompanying Documentation)
constitutes Licensor's and its suppliers' proprietary and confidential
information and contains valuable trade secrets of Licensor and its
suppliers ("Confidential Information"). Customer shall protect the
secrecy of the Confidential Information to the same extent it protects its
other valuable, proprietary and confidential information of a similar
nature but in no event shall Customer use less than reasonable care to
maintain the secrecy of the Confidential Information. Customer shall not
use the Confidential Information except to exercise its rights or perform
its obligations as set forth under this Agreement. Customer shall not
disclose such Confidential Information to any third party other than
subject to non-use and non-disclosure obligations at least as protective of
a party's right in such Confidential Information as those set forth herein.
4.2 Return of Materials. Customer agrees to (i) destroy all Confidential
Information (including deleting any and all copies contained on any of
Customer's Designated Hardware or the Product) within fifteen (15) days
of the date of termination of this Agreement or (ii) if requested by
Licensor, return, any Confidential Information to Licensor within thirty
(30) days of Licensor's written request.
SPECIAL,
PUNITIVE
EXCLUSIONS
OR
CONSEQUENTIAL
AND
LIMITATIONS
ON
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