1. Restrictions

(a) Disclosure to Third Parties The Receiving Party shall not disclose, publish or communicate the Confidential Information to any third party without the prior written consent of the Disclosing Party. However, the Receiving Party may disclose the Confidential Information to a third party who has a need to know the Confidential Information to accomplish the purpose stated in Section 2, and (1) is an accountant, attorney, underwriter or advisor under a duty of confidentiality; or (2) is under a written obligation of confidentiality at least as restrictive as this Agreement.

(b) Disclosure within Receiving Party’s Organization The Receiving Party shall not use the Confidential Information nor circulate it within its own organization except to the extent necessary or desirable for negotiations, discussions and consultations with personnel or authorized representatives of the parties, relating to the purposes of Paragraph 2 above.

(c) Internal Monitoring of Confidential Information The Receiving Party shall use its best efforts to prevent inadvertent disclosure of the Confidential Information to unauthorized personnel or to any other third party, including establishing and monitoring internal procedures regarding the Confidential Information which are at least as protective as the protection the Receiving Party affords its own Confidential Information. The Receiving Party shall immediately notify the Disclosing Party if the Confidential Information is used, distributed, or communicated in a manner not authorized under this Agreement.

(d) Return or Destruction of Confidential Information Upon demand or, if not otherwise demanded, upon the termination of such project or purposes, the Confidential Information and all copies thereof and notes made therefrom shall be immediately destroyed by the Receiving Party or returned to the Disclosing Party. If destroyed, the Receiving Party shall certify in writing to the Disclosing Party that all such information, including all copies, has been destroyed.

2. No License No license to the Receiving Party under any trademark, patent or copyright, or application for same which are now or thereafter may be obtained by the Disclosing Party, is either granted or implied by the conveying of Confidential Information to the Receiving Party.

3. No Warranty None of the Confidential Information which is disclosed by the Disclosing Party shall constitute any representation, warranty, assurance, guarantee or inducement by the Disclosing Party to the Receiving Party with respect to the accuracy or performance of the Confidential Information or to the infringement of trademarks, patents, copyrights or any rights of privacy or any rights of any third party.

4. Limitation of Liability HTTP-Tunnel shall not be liable for any indirect, incidental, special or consequential damages, in connection with or arising from the performance or use of the Product(s) or services provided herein.

5. Current or Future Development The Disclosing Party understands that Recipient Party may currently or in the future be developing information internally, or receiving information from other parties that may be similar to Disclosing Party’s information. Accordingly, nothing in this Agreement will be construed as a representation or inference that Receiving Party will not develop products, or have products developed for it, that without violation of this Agreement, compete with the products, systems or services contemplated by Disclosing Party’s Confidential Information.

6. Termination This Agreement shall govern all communications of the Confidential Information of the Disclosing Party during the period from the date of this Agreement to the date on which the Disclosing Party terminates this Agreement by giving written notice to the Receiving Party that subsequent communications shall not be so governed.

7. Miscellaneous