User's Manual

Wireless Array
489
protective of a party's right in such Confidential Information as those set forth
herein.
4.2 Return of Materials. Customer agrees to (i) destroy all Confidential
Information (including deleting any and all copies contained on any of
Customer's Designated Hardware or the Product) within fifteen (15) days of
the date of termination of this Agreement or (ii) if requested by Licensor,
return, any Confidential Information to Licensor within thirty (30) days of
Licensor's written request.
5.0 TERM AND TERMINATION
5.1 Term. Subject to Section 5.2 below, this Agreement will take effect on the
Effective Date and will remain in force until terminated in accordance with
this Agreement.
5.2 Termination Events. This Agreement may be terminated immediately upon
written notice by either party under any of the following conditions:
(a) If the other party has failed to cure a breach of any material term or
condition under the Agreement within thirty (30) days after receipt of
notice from the other party; or
(b) Either party ceases to carry on business as a going concern, either party
becomes the object of the institution of voluntary or involuntary
proceedings in bankruptcy or liquidation, which proceeding is not
dismissed within ninety (90) days, or a receiver is appointed with respect
to a substantial part of its assets.
5.3 Effect of Termination.
(a) Upon termination of this Agreement, in whole or in part, Customer shall
pay Licensor for all amounts owed up to the effective date of termination.
Termination of this Agreement shall not constitute a waiver for any
amounts due.
(b) The following Sections shall survive the termination of this Agreement
for any reason: Sections 1, 2.2, 2.4, 3, 4, 5.3, and 6.
(c) No later than thirty (30) days after the date of termination of this
Agreement by Licensor, Customer shall upon Licensor's instructions
either return the Software and all copies thereof; all Documentation
relating thereto in its possession that is in tangible form or destroy the
same (including any copies thereof contained on Customer's Designated
Hardware). Customer shall furnish Licensor with a certificate signed by
an executive officer of Customer verifying that the same has been done.