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A I: R F: I c' H 3545Lon~BeachBIvd, Uon~Beach, CA. 90807 <br />· ~o fi~aare; ~=odify~t~e Software ~ueh tn~at it is non_ini~nging, while not degralff~srl~[~8-~ffa~,c~qfccept the return of the <br />software and refund to Licensee the price paid to Licensor for the Software. Licensee shall have the right to employ separate <br />counsel in any such claim, suit or proceeding and to participate in defense. Licensee's fees and expense for separate counsel <br />shall not be at the expense of Licensor. Licensor shall not be liable or responsible for any settlement of any claim entered into <br />without its prior written consent. OTHER THAN AS EXPRESSLY STATED HEREIN, LICENSOR SHALL HAVE NO <br />LLABILITY FOR ANY LOSS OR DAMAGE (INCLUDING WITHOUT L~VIITATION ANY <br /> <br />CONSEQUENTIAL, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARIS/NG OUT OF OR RELATED TO <br />ANY ALLEGATION OR DETERMINATION THAT THE SOFTWARE INFRINGES UPON ANY PATENT, COPYRIGHT, <br />TRADE SECRET OR OTHER PROPRIETARY RIGHT. <br /> <br />4. Trade Secrets; proprietary Rights; Non-Disclosure. Licensee acknowledges that the Softwar~ constitutes a valuable proprietary <br /> product and trade secret of Licensor, embodying substantial creative efforts and confidential information, ideas and expressions. <br /> Accordingly, Licensee agxees to observe at ail times (and to take precautions to insure that its employees obsecve) complete <br /> confidentiality with respect to the Software. Licensee shall not disclose all or any portion of the Software to any third party or <br /> entity except, as may be necessary or appropriate to Licensee's employees in the course of their employment. Liceasee <br /> acknowledges that the affixing ora copyright notice to the Software shall not, in itself, be deemed to constitute "publication" of <br /> the Software pursuant to the U.S. Copyright Act. <br /> <br />5. Solicitation of Lice~sor's PursonneL Licenses acknowledge that Licensor has disclosed to its employees, consultants and <br /> independent conU'actors(collectively, "Licensor's personnel") trade secrets and know-how regarding the SoP3,vare and Licensor's <br /> techniques in developing, modifying and installing the software. Licensee further acknowledges that the foregoing consfitote <br /> <br />I TELE: 562-988-i688 FAX: 562-988-1886 <br /> info@laserfiche.com <br /> <br /> <br />