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DocuSign Envelope ID: BCBF3214- OCEA- 41A3- 96E1- A7CEF7529B79 <br />a need to know such Confidential Information in the course of the performance of their duties for the <br />receiving Party and who are bound by a duty of confidentiality no less protective of the disclosing <br />Party's Confidential Information than this Agreement. The receiving Party and its Representatives shall <br />use such Confidential Information only for the purpose for which it was disclosed and shall not use or <br />exploit such Confidential Information for its own benefit or the benefit of another without the prior <br />written consent of the disclosing Party. Each Party accepts responsibility for the actions of its <br />Representatives and shall protect the other Party's Confidential Information in the same manner as it <br />protects its own valuable confidential information, but in no event shall less than reasonable care be <br />used. The Parties expressly agree that the terms and pricing of this Agreement are Confidential <br />Information and Customer further agrees that it shall not use the Software or Services for the purposes <br />of conducting comparative analysis, evaluations or product benchmarks with respect to the Services <br />and will not publicly post any analysis or reviews of the Software or Services without Spatialest's prior <br />written approval. A receiving Party shall promptly notify the disclosing Party upon becoming aware of <br />a breach or threatened breach hereunder, and shall cooperate with any reasonable request of the <br />disclosing Party in enforcing its rights. <br />4.2 Exclusions. Information will not be deemed Confidential Information hereunder if such information: <br />(i) is known prior to receipt from the disclosing Party, without any obligation of confidentiality; (ii) <br />becomes known to the receiving Party directly or indirectly from a source other than one having an <br />obligation of confidentiality to the disclosing Party; (iii) becomes publicly known or otherwise publicly <br />available, except through a breach of this Agreement; or (iv) is independently developed by the <br />receiving Party without use of the disclosing Party's Confidential Information. The receiving Party may <br />disclose Confidential Information pursuant to the requirements of applicable law, legal process or <br />government regulation, provided that it gives the disclosing Party reasonable prior written notice to <br />permit the disclosing Party to contest such disclosure, and such disclosure is otherwise limited to the <br />required disclosure <br />4.3 Injunctive Relief. Notwithstanding any other provision of this Agreement, both Parties <br />acknowledge that any use of the disclosing Party's Confidential Information in a manner inconsistent <br />with the provisions of this Agreement may cause the disclosing Party irreparable and immediate <br />damage for which remedies other than injunctive relief may be inadequate. Therefore, both Parties <br />agree that, in addition to any other remedy to which the disclosing Party may be entitled hereunder, <br />at law or equity, the disclosing Party shall be entitled to an injunction or injunctions (without the posting <br />of any bond and without proof of actual damages) to restrain such use in addition to other appropriate <br />remedies available under applicable law. <br />S. LIMITED WARRANTY <br />5.1 Software Warranty. Spatialest warrants that (a) for a period of thirty (30) days following the initial <br />delivery of the Software to Customer the Software will perform in conformity with its Documentation, <br />in all material respects, and (b) all Maintenance Services will be provided with reasonable skill and care <br />conforming to generally accepted industry standards. Such warranty does not apply to Software that <br />has been damaged, mishandled, mistreated, altered or used or maintained or stored other than in <br />conformity with the Documentation. If the above warranties are breached, Spatialest will, at its option <br />and at no cost to Customer, (a) provide remedial services necessary to enable the Software or <br />Maintenance Services to conform to the warranty, or (b) replace any defective Software, or (c) refund <br />amounts paid by Customer and received by Spatialest in respect of the defective Software or <br />Maintenance Services. Customer will provide Spatialest with a reasonable opportunity to remedy any <br />breach and reasonable assistance in remedying any defects. Customer will notify Spatialest promptly <br />