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Docusign Envelope ID: 1BD62A30-BDC3-4600-B45A-9435E6916BEA <br />Disclosing Party's business (hereinafter referred to as "Proprietary Information" of the <br />Disclosing Party). Proprietary Information of Flock includes non-public information regarding <br />features, functionality and performance of the Services. Proprietary Information of Customer <br />includes non-public data provided by Customer to Flock or collected by Flock via Flock Services, <br />which includes but is not limited to geolocation information and environmental data collected by <br />sensors. The Receiving Party agrees: (i) to take the same security precautions to protect against <br />disclosure or unauthorized use of such Proprietary Information that the Party takes with its own <br />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 foregoing <br />shall not apply with respect to any information that the Receiving Party can document (a) is or <br />becomes generally available to the public; or (b) was in its possession or known by it prior to <br />receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction by a third <br />party; or (d) was independently developed without use of any Proprietary Information of the <br />Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from disclosing the <br />Proprietary Information pursuant to any judicial or governmental order or request under the <br />Minnesota Government Data Practices Act. At the termination of this Agreement, all Proprietary <br />Information will be returned to the Disclosing Party, destroyed or erased (if recorded on an <br />erasable storage medium), together with any copies thereof, when no longer needed for the <br />purposes above, or upon request from the Disclosing Party, and in any case upon termination of <br />the Agreement. Notwithstanding any termination, all confidentiality obligations of Proprietary <br />Information that is trade secret shall continue in perpetuity or until such information is no longer <br />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 in <br />Flock's sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate any of <br />the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain or <br />perceive the source code from which any software component of any of the Flock IP is compiled <br />or interpreted, or apply any other process or procedure to derive the source code of any software <br />