6. CONFIDENTIALITY AND PROPRIETARY RIGHTS
6.1 Confidentiality
Distributor acknowledges that in the course of dealings between the parties, Distributor may acquire
information about Company, its business activities and operations, its technical information and trade
secrets, including but not limit to the Products, all of which are highly confidential and proprietary to
Company (the "Confidential Information"). Confidential Information shall not include information
generally available to or known by the public, or information independently developed outside the
scope of this Agreement. Distributor shall hold all such Confidential Information in strict confidence
and shall not reveal the same except pursuant to a court order or upon request of Company. The
Confidential Information shall be safeguarded with at least as great a degree of care as Distributor
uses to safeguard its own most confidential materials or data relating to its own business, but in no
event less than a reasonable degree of care.
6.2 Proprietary Rights
Distributor acknowledges and agrees that the Products, and all copies thereof, constitute valuable
trade secrets of Company and/or proprietary and confidential information of Company and title thereto
remains in Company. Ownership of all applicable copyrights, trade secrets, patents and other
intellectual property rights in the Products are and shall remain vested in Company. All other aspects
of the Products, including without limitation, programs, methods of processing, design and structure
of individual programs and their interaction and programming techniques employed therein shall
remain the sole and exclusive property of Company and shall not be sold, revealed, disclosed or
otherwise communicated, directly or indirectly, by Distributor to any person, company or institution
whatsoever other than as expressly set forth herein. The copyright notice and restricted rights
legends contained in the Products shall appear on all tangible media distributed by Distributor.
6.3 Specific Remedies
If Distributor commits a breach of any of the provisions of Sections 6.1 and 6.2 above, Company shall
have, in addition to all other rights in law and equity, (a) the right to have such provision specifically
enforced by any court having equity jurisdiction, it being acknowledged and agreed that any such
breach will cause irreparable injury to Company and that money damages will not provide an
adequate remedy, and (b) the right to require Distributor to account for and pay to Company all
compensation, profits, monies or other tangible benefits (collectively "Benefits") derived or received
as the result of any transactions constituting a breach of any of the provisions of this Article 6, and
Distributor hereby agrees to account for and pay such Benefits.
7. LIMITED WARRANTY
7.1 Limited Warranty
For [NUMBER] days after delivery of a Product to Distributor, Company warrants that media upon
which the Products are delivered shall be of good quality and workmanship. Upon written notice from
Distributor of defective media for a Product, Company shall use reasonable efforts to promptly
provide replacement media.
7.2 Disclaimer of Warranties
EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN ARTICLE 7.1, THE PRODUCTS ARE
PROVIDED "AS IF". COMPANY SPECIFICALLY DISCLAIMS ALL WARRANTIES EXPRESSED OR
IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE PRODUCTS OR
DEFECTS IN THE TAPE, DISKETTE OR OTHER TANGIBLE MEDIA AND DOCUMENTATION,
OPERATION OF THE PRODUCTS, AND ANY PARTICULAR APPLICATION OR USE OF THE
PRODUCTS.