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Agreement with respect to the Software; or (b) replace or modify the Software to <br /> make it non-infringing, or if, neither (a) or (b) are, in Company's' sole discretion, <br /> commercially feasible, terminate the licenses to the Software granted under the <br /> Agreement and refund to Licensee all money paid to Company thereunder. <br /> 6.3 Notwithstanding the foregoing, Company will have no liability for any <br /> claim of infringement based upon, and Licensee will indemnify and hold Company <br /> harmless from any costs (including, but not limited to, court costs and reasonable <br /> attorneys' fees) and damages against any infringement claim for Licensee's (a) use of <br /> a superseded or altered release of the Licensed Work if the infringement would have <br /> been avoided by the use of a current unaltered release of the Licensed Work that <br /> Company provided to Licensee; or (b) use of the Licensed Work which has been <br /> modified pursuant to Licensee's specific request; (c) use of the Licensed Work (i) <br /> other than in accordance with the terms and conditions set forth in this Agreement <br /> (ii) other than under normal use as set forth in the Documentation; or (iii) in <br /> combination with other software or equipment not provided by Company if such <br /> infringement would not have occurred without such use or combination; or (d) <br /> continuing the allegedly infringing activity after notice. <br /> 7. TRADE SECRETS AND CONFIDENTIAL INFORMATION <br /> 7.1 Company represents and warrants that Company (and its subcontractors, <br /> if any) are the owner(s) of all Intellectual Property Rights associated with the <br /> Licensed Work and except as set forth in this Agreement, Company does not grant <br /> any rights to or ownership of the Licensed Work to Licensee. Licensee acknowledges <br /> that Company (and its subcontractors, if any) retain all rights, title and interest in <br /> the Licensed Work and in all improvements, enhancements, modifications and <br /> Derivative Works of the Licensed Work including all rights to patent, copyright, <br /> trade secret and trademark, regardless of the identity of the creating party. <br /> 7.2 Licensee agrees that all trademark and intellectual property notices for <br /> the Licensed Work will be preserved unmodified. Licensee further agrees to take <br /> reasonable steps to ensure that unauthorized persons will not have access to any of <br /> the Licensed Work and that all authorized persons having access will refrain from <br /> any disclosure, duplication or reproduction of the Licensed Work except to the extent <br /> permitted under this Agreement or to the extent required by law or court order. <br /> 7 <br />