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Warranty Information 344
3. OWNERSHIP OF INTELLECTUAL PROPERTY
RIGHTS
3.1 Your only right to use the Software is by virtue of this
License and you acknowledge that all intellectual property
rights in or relating to the Software and all parts of the
Software are and shall remain the exclusive property of
Licensor or its licensors.
3.2 You agree that you will not remove or alter any copyright
notices or similar proprietary devices, including without
limitation any electronic watermarks or other identifiers, that
may be incorporated in the Software or any copy of the
Software.
4. CONFIDENTIALITY
4.1 The structure, organisation and source code of the
Software are the valuable trade secrets and proprietary
confidential information of Licensor and its licensors. You
agree not to provide or disclose any such confidential
information in the Software or derived from it to any third
party.
4.2 The provisions of clause 4.1 will not apply to any
information which is:
4.2.1 lawfully obtained free of any duty of confidentiality
(otherwise than directly or indirectly from Licensor); or
4.2.2 already in your possession, provided that Licensee can
show such possession from written records (other than as a
result of a breach of this clause 4); or
4.2.3 which you can demonstrate is in the public domain
(other than as a result of a breach of this clause 4).
4.3 To the extent that any information is necessarily
disclosed pursuant to a statutory or regulatory obligation or
court order, such disclosure shall not be a breach of this
clause 4 provided you do what you can to prevent any such
disclosure.
5. WARRANTY AND SUPPORT
The Software is provided "as is" with no representation,
guarantee or warranty of any kind as to its functionality or
that it does not and will not infringe any third party rights
(including intellectual property rights). Licensor has no
obligation under this License to provide technical or other
support to you.
6. LIMITATION AND EXCLUSION OF LIABILITY
6.1 Licensor does not exclude its liability (if any) to you:
6.1.1 for personal injury or death resulting from Licensor's
negligence;
6.1.2 for fraud; or