172Software are and shall remain the exclusive property ofLicensor or its licensors.3.2 You agree that you will not remove or alter any copyrightnotices or similar proprietary devices, including withoutlimitation any electronic watermarks or other identifiers, thatmay be incorporated in the Software or any copy of theSoftware.4. CONFIDENTIALITY4.1 The structure, organisation and source code of theSoftware are the valuable trade secrets and proprietaryconfidential information of Licensor and its licensors. Youagree not to provide or disclose any such confidentialinformation in the Software or derived from it to any thirdparty.4.2 The provisions of clause 4.1 will not apply to anyinformation which is:4.2.1 lawfully obtained free of any duty of confidentiality(otherwise than directly or indirectly from Licensor); or4.2.2 already in your possession, provided that Licensee canshow such possession from written records (other than as aresult of a breach of this clause 4); or4.2.3 which you can demonstrate is in the public domain(other than as a result of a breach of this clause 4).4.3 To the extent that any information is necessarilydisclosed pursuant to a statutory or regulatory obligation orcourt order, such disclosure shall not be a breach of thisclause 4 provided you do what you can to prevent any suchdisclosure.5. WARRANTY AND SUPPORTThe Software is provided "as is" with no representation,guarantee or warranty of any kind as to its functionality orthat it does not and will not infringe any third party rights(including intellectual property rights). Licensor has noobligation under this License to provide technical or othersupport to you.6. LIMITATION AND EXCLUSION OF LIABILITY6.1 Licensor does not exclude its liability (if any) to you:6.1.1 for personal injury or death resulting from Licensor'snegligence;6.1.2 for fraud; or6.1.3 for any matter for which it would be illegal for Licensorto exclude or to attempt to exclude its liability.
