(Non-Disclosure)
Confidentiality. The Licensee agrees not to release any proprietary
information relating to the System, including, without limitation, sales
figures, manuals, operating procedures, and marketing strategies that
the Licensee may receive as a direct or indirect result of this License
(hereinafter the "Confidential Information"). Under no
circumstances shall the Licensee communicate such Confidential
Information to any other party except its employees who require access
to this Confidential Information. Any breach of this provision by the
Licensee or any employee of the Licensee (or any other person subject to
the Licensee's control) shall constitute a breach by the Licensee. The
Licensee shall communicate to its employees the confidential nature of
the Confidential Information, and ensure their compliance thereto. This
confidentiality restriction shall not apply to information which: (a) is
already known to the Licensee; (b) is or becomes publicly known through
no wrongful act of the Licensee or the Licensee's employees and agents;
(c) is received from a third party who or which is not subject to any
similar restriction, and which will not constitute a breach of this
restriction by the Licensee; (d) is shown by documentary evidence to
have been independently developed by the Licensee; or (e) is disclosed
to a third party by or on behalf of House Hunter without a similar
restriction on third party rights. The parties further agree that this
restriction shall not apply to information that is required to be
disclosed by law, so long as the Licensee provides House Hunter with
written notice prior to making such disclosure and allows House Hunter
the opportunity to contest the Licensee's obligation to make such
disclosure in a court of proper jurisdiction. If House Hunter brings
such a contest and obtains an order protecting the Licensee from
sanctions for nondisclosure, the Licensee agrees not to disclose such
Confidential Information until ordered to do so by the court. Upon the
termination or expiration of this License, Confidential Information,
including but not limited to, all schedules, magnetic disks,
correspondence, manuals, notes, notebooks, computer printouts, flow
charts and programs associated with this License, shall be returned to
House Hunter by the Licensee within ten (10) days of said expiration or
termination. The Licensee acknowledges that the injury to House Hunter
which would be occasioned by the Licensee's failure to abide by the
terms of this confidentiality provision shall not be adequately
compensated by monetary damages alone, and it is therefore agreed that
as liquidated damages for such breach, House Hunter may seek the sum of
One Hundred Thousand and 00/100ths Dollars ($100,000.00) and
reimbursement for House Hunter's reasonable attorneys' fees and costs
incurred in this regard, and preliminary and permanent injunctions
enjoining the Licensee from any further breach of this License. House
Hunter and the Licensee agree this injunctive relief and the liquidated
damages sum set forth herein are a good faith estimate of the harm that
House Hunter would suffer in the event of a breach of this
confidentiality provision, and such does not constitute, and should not
be construed as, a penalty. All such remedies set forth herein or
elsewhere in this Agreement shall be available during the term of this
License, and shall be further available subsequent to the expiration or
termination of this License, and shall be cumulative and in addition to
other remedies available to House Hunter.