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service providers may be recorded or logged for training, quality assurance, customer service and <br /> reference purposes. <br /> 4.2 Magnet Forensics shall not be responsible for the installation or integration of the Software with <br /> any hardware or software whatsoever, whether belonging to you or any third party. In no event <br /> shall Magnet Forensics be obligated to customize or otherwise modify the Software to meet your <br /> requirements or those of any third party. <br /> 5. Intellectual Property Rights and Confidentiality <br /> 5.1 You are responsible for complying with all applicable intellectual property laws in your use of <br /> the Software, and agree to indemnify, defend and hold Magnet Forensics harmless from any and <br /> all claims that arise as a result of your non-compliance with intellectual property laws and/or your <br /> infringement of any intellectual property rights. <br /> 5.2 You acknowledge that the Software, including Beta Software but excluding third party licensed <br /> software embedded in the Software, is owned by Magnet Forensics, who retains all right, title and <br /> interest therein, and is protected by Canadian, U.S. and international copyright laws. In addition, <br /> other intellectual property laws (including patent laws) and treaties may protect the Software. It is <br /> therefore your responsibility to fully comply with such laws in using and handling the Software. <br /> Nothing herein shall be construed as constituting a sale of the Software or any portion thereof to <br /> you. <br /> 5.3 You do not acquire any intellectual property or other proprietary rights under this Agreement, <br /> including without limitation any right, title or interest in and to patents, copyrights, trade-marks, <br /> industrial designs, confidential information, or trade secrets, whether registered or unregistered, <br /> relating to the Software or any part thereof. Your only rights to the Software and any part thereof <br /> shall be those rights expressly licensed or granted to you under this Agreement. Any rights not <br /> expressly granted under this Agreement are reserved. <br /> 5.4 You acknowledge and agree that the Software: (a) was developed at considerable time and <br /> expense by Magnet Forensics and/or its affiliates; and (b) including the Beta Software, contains <br /> confidential information including the trade-secrets of Magnet Forensics and/or its affiliates. <br /> Without limiting the foregoing, for Beta Software, confidential information includes the 'look and <br /> feel', performance, specifications, features and functionality of software, which information may not <br /> be discussed or shown to the public by you or your Users in any manner until publicly released by <br /> Magnet Forensics. <br /> 6. Warranties <br /> 6.1 THE SOFTWARE IS PROVIDED TO YOU "AS IS", WITHOUT ANY WARRANTY <br /> WHATSOEVER. Where the media on which the Software is provided is defective, or you are <br /> unable to download the Software in accordance with directions provided by Magnet Forensics, and <br /> you notify Magnet Forensics of such issues within ten (10) days of the delivery of the Software to <br /> you, Magnet Forensics will provide you with another copy of the Software at no charge to you. <br />