2.5You shall not export,
Section 3 TITLE AND OWNERSHIP
Title to all copies of Software will not pass to You at any time and remains vested exclusively in Motorola or the copyright owner. Motorola or the copyright owner owns and retains all of its proprietary rights in any form concerning the Software, including all rights in patents, patent applications, inventions, copyrights, trade secrets, trademarks, trade names, and other intellectual properties. Nothing in this Agreement is intended to restrict the proprietary rights of Motorola or the copyright owner or to grant by implication or estoppel any proprietary rights. All intellectual property developed, originated, or prepared by Motorola or the copyright owner in connection with providing the Software, products, or related services to You remains vested exclusively in Motorola or the copyright owner, and this Agreement does not grant to You any shared development rights of intellectual property.
Section 4 CONFIDENTIALITY
You acknowledge that all Software contains valuable proprietary information and trade secrets and that unauthorized or improper use of Software will result in irreparable harm to Motorola for which monetary damages would be inadequate and for which Motorola will be entitled to immediate injunctive relief. Accordingly, You will limit access to Software to employees and agents who need to use the Software for Your internal business purposes, and You will take appropriate action with those employees and agents to preserve the confidentiality of Software, using the same degree of care to avoid unauthorized or improper disclosure as You use for the protection of Your own proprietary software, but in no event less than reasonable care. Notwithstanding anything to the contrary herein, You shall have no obligation to preserve the confidentiality of any proprietary information that (i) was in the public domain at the time of disclosure; (ii) entered the public domain through no fault of You; (iii) was given to You free of any obligation to keep it confidential; (iv) is independently developed by You; or (v) is disclosed as required by law provided that You notify Motorola prior to such disclosure and provide Motorola with a reasonable opportunity to respond.
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