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<br />(3) The combined use of the Licensed Products with software not <br />provided or supplied by STW. <br /> <br />8. NO CONSEOUENTIAL DAMAGES <br /> <br />Neither STW nor CUSTOMER shall be liable to the other for any indirect, special of <br />consequential damages for an amount greater than the total amount actually paid by <br />CUSTOMER for the Licensed Product that directly caused the damage. <br /> <br />9. OWNERSHIP <br /> <br />(a) All trademarks, service marks, patents, copyrights, trade secrets and other <br />proprietary rights in or related to the Licensed Products are, and will remain, the exclusive <br />property of STW or its licensors, whether or not specifically recognized or perfected under <br />applicable law. CUSTOMER shall obtain no right, title or interest in the Licensed Products by <br />virtue of this Contract other than the nonexclusive, nontransferable license to use the Licensed <br />Products as restricted herein. CUSTOMER will not take any action that jeopardizes STW's or <br />its licensor's proprietary rights or acquire any right in the Licensed Products, except the limited <br />use rights specified in Section 4. <br /> <br />(b) STW or its licensor will own all rights in any copy, translation, modification, <br />adaptation or derivation of the Licensed Products, including any improvement or development <br />thereof. <br /> <br />(c) CUSTOMER will obtain, at STW's request, the execution of any instrument, in such <br />form provided by STW and agreed upon by CUSTOMER, that may be appropriate to assign <br />these rights to STW or its licensor or perfect these rights in STW's or its licensor's name. <br /> <br />(d) STW hereby warrants that STW has exclusive ownership of the Licensed Software. <br />CUSTOMER agrees that STW claims exclusive ownership of the Licensed Software. <br /> <br />10. CONFIDENTIAL INFORMATION AND NON-DISCLOSURE <br /> <br />(a) CUSTOMER acknowledges that Licensed Products incorporate confidential and <br />proprietary information developed or acquired by or licensed to STW. CUSTOMER will take <br />all reasonable precautions necessary to safeguard confidentiality or proprietary notice placed on <br />Licensed Products. The placement of copyright notices on these items will not constitute <br />publication or otherwise impair their confidential nature. <br /> <br />(b) Subject to requirements of the Freedom of Information Act (ForA) and applicable <br />State of Texas and local statutes relating to open records, each party shall hold all confidential <br />information in trust and confidence for the party claiming confidentiality and not use such <br />confidential information other than for the benefit of that party. The other party agrees not to <br /> <br />7 <br />