Laserfiche WebLink
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 (c) 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 (i) pursuant to any judicial or governmental order, <br />provided that the Receiving Party gives the Disclosing Party reasonable prior notice of such <br />disclosure to contest such order, or (ii) if required by applicable public records disclosure laws. <br />At the termination of this Agreement, and to the extent permitted by applicable public records <br />retention and disclosure laws, all Proprietary Information will be returned to the Disclosing <br />Party, destroyed or erased (if recorded on an erasable storage medium), together with any copies <br />thereof, when no longer needed for the purposes above, or upon request from the Disclosing <br />Party, and in any case upon termination of the Agreement (to the extent permitted by applicable <br />public records laws). Notwithstanding any termination, all confidentiality obligations of <br />Proprietary Information that is trade secret shall continue in perpetuity or until such information <br />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 IP 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 />