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6.1 C Page 6 Enterprise Management System Customer Agreement Page 4 its obligations under, any provision of this Agreement; provided, however, that such obligation to maintain confidentiality shall not apply to information which at the time of disclosure was in the public domain not as a result of acts by the receiving party. Each party acknowledges that the unauthorized disclosure or use of confidential information orthe other party would cause Irreparable harm and significant Injury to the non - disclosing party that may be difficult to compensate. Accordingly, each party hereto agrees that the non - disclosing party shall have the right to seek and obtain temporary and permanent injunctive relief In addition to any other rights and remedies it may have. For purposes hereof, the obligation of confidentiality shall not apply to information that is; (a) in the public domain at the time of disclosure; (b) Has been Lawfully obtained by the disclosing party from a third party under no obligation of confidentiality; or (c) is required to be disclosed pursuant to a duly authorized subpoena, court order, or government authority, or under the Freedom of Information Acl; whereupon the non - disclosing party shall provide prompt written notice to the disclosing party prior to such disclosure, so that the disclosing party may seek a protective order or other remedy. (2) in the event a protective order Is inappropriate or another remedy is not obtained, the non - disclosing party agrees to disclose only that portion of the Confidential Information which Is required. Confidential information provided by DPT to the Customer shall specifically include, but not be limited to, all application technology, software and all related manuals, documentation, memoranda, reportformats proposals and contracts and any other information provided by DPT In any form. Notwithstanding any other provision of this Agreement, each party hereto agrees to indemnify the other party for all costs and damages of any kind whatsoever, Including, without limitation, lawyers' fees and expenses, Incurred by such other patty as a result of any breach of confidentiality by the Indemnifying party of its obligations under this Section 7. (3) DPTwanants that all information stored regardingthe operation of the Customer's EMS Units will be fully protected and will at no time be accessible to any party otherthan those listed In Appendix E and appropriate staff of DPT. 8. SOFTWARE LICENSES, TILE AND DOCUMENTATION (1) The application technology, software and related documentation used or developed by DPT, including any software or documentation developed by or on behalf of DPT at the request or suggestion of the Customer and any software and documentation provided to the Customer by DPT, and all copies thereof (collectively the "EMS Software"), excepting the Software Products (defined below), are proprietary to DPT and title thereto remains in DPT. All applicable rights to patents, copyrights, know -how, trademarks and trade secrets for all such EMS Software are and shall remain in DPT. (2) The Customer hereby acknowledges that certain licensed software products and documentation therefore ( "Software Products') have been or may, in the future, be licensed for use by the