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•ANY EXCLUSIVE REMEDY FOR BREACH OF WARRANTY OR ANY OTHER PROVISION OF THIS <br />AGREEMENT. <br />6. Confidential Information <br />6.1. CompuDyne Confidential Information. The Licensee agrees to maintain the confidentiality <br />of any CompuDyne Confidential Information (as defined below) and to treat such information with the same degree <br />of care and security as it treats its own most confidential information. The Licensee shall not, without <br />CompuDyne's prior written consent, disclose such information to any person or entity other than to the Licensee's <br />employees or consultants legally bound to abide by the terms hereof and having a need to know such information, <br />or sell, license, publish, display, distribute or otherwise use such information except as authorized by this <br />Agreement. The term "CompuDyne Confidential Information" shall include all Licensed Applications and any other <br />CompuDyne software applications (whether or not licensed to the Licensee) and all Derivative Works, <br />Enhancements, Maintenance Modifications and Documentation with respect thereto as well as any written <br />information of a confidential nature clearly labeled by CompuDyne as being confidential or otherwise indicated by <br />CompuDyne in writing as being confidential. The Licensee understands and agrees that CompuDyne Confidential <br />Information constitutes a valuable business asset of CompuDyne, the unauthorized use or disclosure of which may <br />irreparably damage CompuDyne. In the event of the Licensee's breach or threatened breach of any of the <br />provisions in this Agreement, CompuDyne shall be entitled to an injunction obtained from any court having <br />appropriate jurisdiction restraining the Licensee from any unauthorized use or disclosure of any CompuDyne <br />Confidential Information. <br />6.2. Exclusions. Notwithstanding Section 6.1 hereof, CompuDyne Confidential Information shall <br />not include information which the Licensee can demonstrate by competent written proof (a) is now, or hereafter <br />becomes, through no act or failure to act on the part of the Licensee, generally known or available or otherwise <br />part of the public domain; (b) is rightfully known by the Licensee without restriction on use prior to its first receipt of <br />such information from CompuDyne as evidenced by its records; (c) is hereafter furnished to the Licensee by a third <br />•party authorized to furnish the information to the Licensee, as a matter of right and without restriction on <br />disclosure; or (d) is the subject of a written permission by CompuDyne to disclose. <br />6.3. Exceptions. Notwithstanding Section 6.1 hereof, disclosure of CompuDyne Confidential <br />Information shall not be precluded if: <br />(a) such disclosure is in response to a valid order of a court or other governmental body <br />of the United States or any political subdivision thereof; provided, however, that the Licensee shall first <br />have given notice to CompuDyne and shall have made a reasonable effort to obtain a protective order <br />requiring that the information to be disclosed be used only for the purposes for which the order was <br />issued; <br />(b) such disclosure is necessary to establish rights or enforce obligations under this <br />Agreement, but only to the extent that any such disclosure is necessary for such purpose; or <br />(c) the Licensee received the prior written consent to such disclosure from CompuDyne, <br />but only to the extent permitted in such consent. <br />6.4. Survival. Unless mutually agreed otherwise in writing, the obligations hereunder with respect <br />to each item of CompuDyne Confidential Information shall survive the termination or expiration of this <br />Agreement. <br />7. Miscellaneous <br />7.1. Relationship. The relationship created hereby is that of Licensor and Licensee. Nothing <br />herein shall be construed to create a partnership, joint venture, or agency relationship between the parties <br />• hereto. Neither party shall have any authority to enter into agreements of any kind on behalf of the other and <br />shall have no power or authority to bind or obligate the other in any manner to any third parry. The <br />Page 5 of 10 <br />Software License Agreement <br />©2005 CompuDyne — Public Safety 8 Justice, Inc. <br />