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foregoing shall not apply with respect to any information that the Receiving Party can document <br />(a) is or becomes generally available to the public; or (b) was in its possession or known by it <br />prior to receipt from the Disclosing Party; or (c) was rightfully disclosed to it without restriction <br />by a third party; or (d) was independently developed without use of any Proprietary Information <br />of the Disclosing Party. Nothing in this Agreement will prevent the Receiving Party from <br />disclosing the Proprietary Information pursuant to any judicial or governmental order, provided <br />that the Receiving Party gives the Disclosing Party reasonable prior notice of such disclosure to <br />contest such order. At the termination of this Agreement, all Proprietary Information will be <br />returned to the Disclosing Party, destroyed or erased (if recorded on an erasable storage <br />medium), together with any copies thereof, when no longer needed for the purposes above, or <br />upon request from the Disclosing Party, and in any case upon termination of the Agreement. <br />Notwithstanding any termination, all confidentiality obligations of Proprietary Information that <br />is trade secret shall continue in perpetuity or until such information is no longer trade secret. The <br />entirety of this Section 5.1 is subject to Section 5.4 below. <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 <br />in Flock’s sole discretion. Customer and Authorized End Users shall not: (i) copy or duplicate <br />any of the Flock IP; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to obtain <br />or perceive the source code from which any software component of any of the Flock IP is <br />compiled or interpreted, or apply any other process or procedure to derive the source code of any <br />software included in the Flock IP; (iii) attempt to modify, alter, tamper with or repair any of the <br />Flock IP, or attempt to create any derivative product from any of the foregoing; (iv) interfere or <br />attempt to interfere in any manner with the functionality or proper working of any of the Flock <br />IP; (v) remove, obscure, or alter any notice of any intellectual property or proprietary right <br />appearing on or contained within the Flock Services or Flock IP; (vi) use the Flock Services for <br />anything other than the Permitted Purpose; or (vii) assign, sublicense, sell, resell, lease, rent, or <br />otherwise transfer, convey, pledge as security, or otherwise encumber, Customer’s rights. There <br />are no implied rights.