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legal owner of all of the Content that Customer displays, stores or processes with the
Software, or that Customer has received written permission or is otherwise
authorized by law to display, store or process the Content from the legal owner.
Photodex makes no representations or warranties to Customer about the Content
and will not be in breach of this Agreement if the Content infringes upon or
misappropriates the Intellectual Property rights of any other person or business
entity. BY ENTERING INTO THIS AGREEMENT, CUSTOMER IS AGREEING TO INDEMNIFY
AND TO HOLD PHOTODEX HARMLESS FROM ANY LOSSES, CLAIMS, LIABILITIES,
EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES,
RESULTING FROM THE CONTENT BEING DISPLAYED, STORED OR PROCESSED BY THE
SOFTWARE.

3. UPDATES.
Updates to the Software will be provided to Customer at Photodex's discretion for
one (1) year at no charge. To use Software identified as an update, upgrade, or new
version ("Update") of the Software licensed hereunder, Customer must have an
active, paid-in-full License for the Software identified by Photodex as eligible for the
Update. After Customer has been provided with an Update, Customer may continue
to use the Software that formed the basis for Customer's Update eligibility; provided,
however, that Photodex may terminate the License for such Software, in its sole
discretion. The terms and conditions of this Agreement and the License granted
hereunder shall apply to the Update. Customer acknowledges and agrees that
Photodex's obligation to provide support, if any, shall be for the most recent Update
to the Software provided to Customer.

4. CONFIDENTIALITY.

The Software and Documentation contain confidential information and trade secrets
of Photodex. Customer will keep confidential and refrain from disclosing any and all
technical information, know-how, and inventions disclosed by Photodex in relation
to this License, except when, after, and to the extent that the information, know-how,
and inventions are generally known to the public.

5. OWNERSHIP.
The Software, Documentation, and all related Intellectual Property (as defined below)
are now and will remain the exclusive property of Photodex. All derivative works
prepared from the Software, Documentation and all related Intellectual Property are
now and will remain the exclusive property of Photodex. Photodex has the right to
include trademark, copyright or other proprietary rights notices on the Software and
Documentation and Customer may not obscure or remove such marks. "Intellectual
Property" means any and all intellectual property associated with the Software and