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commercial release of the software that Cassidian Communications ultimately intends to distribute. While Cassidian
<br /> Communications intends to distribute a commercial release of the licensed software, Cassidian Communications
<br /> reserves the right at any time not to release a commercial release of the licensed software or to alter features,
<br /> specifications, capabilities, functions,licensing terms,release dates,general availability or other characteristics of the
<br /> commercial release. You agree that the beta release or pre-release versions are not suitable for production use and may
<br /> contain errors affecting their proper operation. In the event the beta or pre-release licensed software was provided to
<br /> you at no charge, for purposes of the total liability limitation set forth in the section entitled"Limitation of Liability"
<br /> the"total amount paid to Cassidian Communications"shall be deemed to be Cassidian Communications'list price for
<br /> the licensed software or software module, or other amount as expressly stated in any Beta Site Agreement signed by
<br /> you and Cassidian Communications.
<br /> 6.7 Demonstration Software. In the event the licensed software has been provided as a demonstration copy of
<br /> the licensed software,whether for a fee or at no charge,the terms of this Section 6.7 and this Agreement shall apply in
<br /> their entirety. Your license to use the licensed software shall expire 120 days after installation or 120 days from the
<br /> date on which the demonstration software was first made available or presented to you. In the event the demonstration
<br /> copy of the licensed software was provided to you at no charge,for purposes of the total liability limitation set forth in
<br /> the section entitled"Limitation of Liability"the"total amount paid to Cassidian Communications"shall be deemed to
<br /> be Cassidian Communications'list price for the licensed software or module.
<br /> 7 Limitation of Liability. IN NO EVENT WILL CASSIDIAN COMMUNICATIONS BE LIABLE TO
<br /> LICENSEE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
<br /> INCLUDING WITHOUT LIMITATION, LOSS OF DATA, LOSS OF PROFITS, LOSS OF BUSINESS
<br /> INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER PECUNIARY LOSS ARISING OUT OF THE
<br /> USE OF OR INABILITY TO USE THE HOSTING SERVICES, EQUIPMENT, SOFTWARE, AND/OR THIRD
<br /> PARTY SOFTWARE OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, ARISING
<br /> OUT OF OR RELATED TO THIS AGREEMENT, EVEN IF CASSIDIAN COMMUNICATIONS HAS BEEN
<br /> ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
<br /> CASSIDIAN COMMUNICATIONS' TOTAL LIABILITY TO LICENSEE HEREUNDER, IF ANY, WILL IN NO
<br /> EVENT EXCEED THE TOTAL AMOUNT PAID TO CASSIDIAN COMMUNICATIONS HEREUNDER IN THE
<br /> TWELVE(12)MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
<br /> 8 Confidentiality. A party receiving Information (defined below)of the other will not disclose such Information
<br /> other than to persons in its organization who have a need to know and who will be required to comply with this Section
<br /> 8. The party receiving Information will not use such Information for a purpose inconsistent with the terms of this
<br /> Agreement. "Information"means the Software, Documentation and all information and intellectual property related
<br /> thereto(including,but not limited to all databases provided to Licensee by Cassidian Communications whether created
<br /> by Cassidian Communications or its third party licensors such as,without limitation,the mapping product databases)as
<br /> well as information related to the business of Cassidian Communications or Licensee. Information will not include:(i)
<br /> information publicly known prior to disclosure; (ii) information coming into the lawful possession of the recipient
<br /> without any confidentiality obligation; and(iii) information required to be disclosed pursuant to regulatory action or
<br /> court order,provided adequate prior written notice of any request to disclose is given to the party whose information is
<br /> to be disclosed. Each party will exercise at least the same degree of care to safeguard the confidentiality of the other's
<br /> Information as it does to safeguard its own proprietary confidential information,but not less than a reasonable degree
<br /> of care.
<br /> 9 Ownershio. The Software and Documentation are Cassidian Communications' exclusive property and constitute
<br /> a valuable trade secret of Cassidian Communications. Licensee will take reasonable steps to protect the trade secret of
<br /> the Software and Documentation. Ownership of all copies is retained by Cassidian Communications. Licensee may
<br /> not disclose or make available to third parties the Software or Documentation or any portion thereof. Cassidian
<br /> Communications shall own all right,title and interest in and to all corrections,modifications,enhancements,programs,
<br /> and work product conceived, created or developed, alone or with Licensee or others, as a result of or related to the
<br /> performance of this Agreement, including all proprietary rights therein and based thereon. Except and to the extent
<br /> expressly provided herein, Cassidian Communications does not grant to Licensee any right or license, express or
<br /> implied,in or to the Software and Documentation or any of the foregoing.
<br /> 10 Infrineement Indemnity. With the exception of any third party software, hardware or equipment that may be
<br /> provided under this Agreement, Cassidian Communications agrees to hold Licensee harmless from liability to third
<br /> parties resulting from infringement of any United States patent or copyright or trade secret by the Cassidian
<br /> Communications software purchased hereunder and Cassidian Communications further agrees to pay all damages and
<br /> costs, including reasonable legal fees, which may be assessed against Licensee under any such claim or action.
<br /> Cassidian Communications shall be released from the foregoing obligation unless Licensee provides Cassidian
<br /> Communications with (i) written notice within fifteen (15) days of the date Licensee first becomes aware of such a
<br /> claim or action, or possibility thereof; (ii) sole control and authority over the defense or settlement thereof; and (iii)
<br /> proper and full information and assistance to settle and/or defend any such claim or action. Without limiting the
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