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proprietary information,but in no event less than commercially reasonable precautions, and(ii) <br /> not to use(except in performance of the Services or as otherwise permitted herein)or divulge to <br /> any third person any such Proprietary Information. The Disclosing Party agrees that the <br /> foregoing shall not apply with respect to any information that the Receiving Party can document <br /> (a)is or becomes generally available to the public; or(b) was in its possession or known by it <br /> prior to receipt from the Disclosing Party; or(e)was rightfully disclosed to it without restriction <br /> by a third party; or(d) was independently developed without use of any Proprietary Information <br /> of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from <br /> disclosing the Proprietary Information pursuant to any judicial or governmental order,provided <br /> that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to <br /> contest such order. At the termination of this Agreement, all Proprietary Information will be <br /> returned to the Disclosing Party, destroyed or erased(if recorded on an erasable storage <br /> medium), together with any copies thereof, when no longer needed for the purposes above, or <br /> upon request from the Disclosing Party,and in any case upon termination of the Agreement. <br /> Notwithstanding any termination, all confidentiality obligations of Proprietary Information that <br /> is trade secret shall continue in perpetuity or until such information is no longer trade secret. <br /> 5.2 Usage Restrictions on Flock IP. Flock and its licensors retain all right, title and interest in <br /> and to the Flock IP and its components, and Customer acknowledges that it neither owns nor <br /> acquires any additional rights in and to the foregoing not expressly granted by this Agreement. <br /> Customer further acknowledges that Flock retains the right to use the foregoing for any purpose <br /> in Flock's sole discretion. Customer and Authorized End Users shall not: (i)copy or duplicate <br /> any of the Flock IP; (ii) decompile, disassemble,reverse engineer, or otherwise attempt to obtain <br /> or perceive the source code from which any software component of any of the Flock IF is <br /> compiled or interpreted, or apply any other process or procedure to derive the source code of any <br /> software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the <br /> Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or <br /> attempt to interfere in any manner with the functionality or proper working of any of the Flock <br /> IP; (v)remove, obscure, or alter any notice of any intellectual property or proprietary right <br /> appearing on or contained within the Flock Services or Flock IP; (vi)use the Flock Services for <br /> anything other than the Permitted Purpose; or(vii) assign, sublicense, sell, resell, lease, rent, or <br />