Navini Networks 40-00460-00R manual Trade Secrets

Navini Networks, Inc. PMX User’s Guide

2.5Suitability.

a.Buyer alone is responsible for determining which software best suits Buyer’s needs, for installing and operating the Software, and for the results obtained. Accordingly, each Buyer should determine its needs, and evaluate the Software’s capabilities before making a final decision about licensing the software.

b.Navini Networks, Inc. makes no representation that the Software conforms to or satisfies any federal, state, or local laws. Buyer is encouraged to engage professional assistance from attorneys and engineers to evaluate the suitability of the Software for Buyer’s use.

c.Navini Networks, Inc. makes no claims that the Software is suitable for Buyer’s intended purposes.

2.6Remote Digital Access. Navini Networks, Inc. reserves the right, but is not obligated to digitally access the Software for the purposes of upgrading and maintaining the Software.

2.7U.S. GOVERNMENT RESTRICTED RIGHTS. All Software provided to the U.S. Government pursuant to solicitations issued on or after December 1, 1995 is provided with the commercial license rights and restrictions described elsewhere herein. All Software provided to the U.S. Government pursuant to solicitations issued prior to December 1, 1995 is provided with “Restricted Rights” as provided for in FAR, 48 CFR 52.227-14 (June 1987) or DFAR, 48 CFR 252.227-7013 (Oct 1988), as applicable

ARTICLE 3

TRADE SECRETS

3.1Trade Secret. Navini Networks, Inc. considers the licensed Software covered by this License Agreement to be a trade secret. Navini Networks, Inc. does not disclose any information to Navini Networks, Inc. competitors or potential competitors. Buyer shall not disclose any design, code, or technological know-how gained by access to the Software to Licensor’s competitors. Buyer shall not use design, code, or documentation gained by access to the Software to develop a similar technology or a competing software product. To attempt to or to do so, the Parties acknowledge, understand and agree, constitute a material breach of this License Agreement.

3.2Third Party Intellectual Property. Buyer acknowledges, understands and agrees that the licensed Software covered by this License Agreement may contain Intellectual Property owned by Third Parties and duly licensed to Navini Networks, Inc. Copyright, Patent and other laws protect Third Party Intellectual Property manufactured with, marketed with, or otherwise bundled with the licensed Software. Buyer promises to keep such Third Party Intellectual Property in confidence to the benefit of the Third Party, agrees not to reverse engineer or otherwise decompile Third Party Intellectual Property, and agrees to stop using, destroy and/or return such Third Party owned Intellectual Property under the same terms and conditions as the licensed Software as set forth in this License Agreement.

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