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disseminate any portion or modified portion of the CDT or Products, or any <br />computer software or hardware embodying or based upon the foregoing, <br />to any third party for any reason whatsoever, except as expressly provided <br />for in this Agreement. Such obligations shall not apply to information that <br />(i) has entered the public domain through no effort or action by Developer; <br />(ii) was independently developed by Developer; (iii) was rightfully <br />disclosed to Developer without confidentiality restrictions by a third party; <br />and (iv) is required to be disclosed by governmental law, regulation or <br />order. <br />D. Developer acknowledges and agrees that it is prohibited from copying, <br />distributing, duplicating, or otherwise reproducing all or any part or <br />translated part of the CDT, except as provided in this Agreement. <br />Developer further agrees that (i) copying, distributing, duplicating, or <br />otherwise reproducing all or any part or translated part of the CDT, except <br />as expressly provided for in this Agreement or (ii) failing to protect the <br />CDT, shall be considered a material breach of this Agreement. <br />E. All right title and interest in the CDT including, but not limited to, any <br />designs, modifications, or other changes made by Developer, shall remain <br />the property of CommSys. Any trademarks, copyrights or other intellectual <br />property rights associated therewith are and shall remain the property of <br />CommSys (or its licensors), subject to the license granted in Section 1. <br />F. Developer shall not and shall not allow any third party to modify, alter, <br />attempt to disassemble, decompile, or otherwise reverse engineer the <br />CDT except and only to the extent authorized by this Agreement. When <br />reverse engineered and decompiled, the CDT contains the trade secrets <br />and proprietary and confidential information of CommSys. <br />G. Developer acknowledges the ownership of the CommSys trademarks in <br />CommSys. Developer shall not do anything which is inconsistent with <br />such ownership. Developer shall use commercially reasonable efforts to <br />preserve CommSys's rights in the CommSys trademarks. All use of the <br />CommSys trademarks by Developer shall inure to the benefit and be on <br />behalf of CommSys. Developer acknowledges that Developer's utilization <br />of the CommSys trademarks will not create in it, nor will it represent it has, <br />any right title, or interest in or to such CommSys trademarks other than <br />the licenses expressly granted herein. Developer shall not do anything to <br />contest or impair the trademark rights of CommSys. <br />4.0 TERM OF THE AGREEMENT <br />The initial term of this Agreement is one year from the date upon which you <br />execute this Agreement pursuant to the date first written above (the "Effective <br />Date"), unless terminated by either party as provided for in this Agreement. <br />Thereafter, this Agreement shall automatically renew for successive one (1) year <br />OCopyright 2006 CommSys Incorporated Page 4 <br />