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The Disclosing Party agrees that the foregoing shall not apply with respect to any information that <br />the Receiving Party can document (a) is or becomes generally available to the public; or (b) was <br />in its possession or known by it prior to receipt from the Disclosing Party; or (c) was rightfully <br />disclosed to it without restriction by a third party; or (d) was independently developed without use <br />of any Proprietary Information of the Disclosing Party; or (e) was disclosed as required by the <br />Minnesota Government Data Practices Act Nothing in this Agreement will prevent the Receiving <br />Party from disclosing the Proprietary Information 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. At the termination of this Agreement, all Proprietary <br />Information, other than any such information that is required to be maintained by a records <br />retention act or similar law, will be returned to the Disclosing Party, destroyed or erased (if <br />recorded on an erasable storage medium), together with any copies thereof, when no longer <br />needed for the purposes above, or upon request from the Disclosing Party, and in any case upon <br />termination of the Agreement. Notwithstanding any termination, all confidentiality obligations of <br />Proprietary Information that is trade secret, provided that the Disclosing Party has identified such <br />information as 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 />included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the Flock IP, <br />or attempt to create any derivative product from any of the foregoing; (iv) interfere or attempt to <br />interfere in any manner with the functionality or proper working of any of the Flock IP; (v) <br />remove, obscure, or alter any notice of any intellectual property or proprietary right appearing on <br />or contained within the Flock Services or Flock IP; (vi) use the Flock Services for anything other <br />than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or otherwise <br />Qbhf!313!pg!367 <br /> <br />