premise: As between the parties, Discloser and Recipient, respectively, will retain all right, title and interest to any Confidential Information provided or disclosed by such party under this Agreement.  The Discloser reserves the right to analyze the actions taken by the Recipient to safeguard Confidential Information.  If the Recipient refuses to share information on the actions it is taking to safeguard Confidential Information or if such actions are found to be inadequate for safeguarding Confidential Information, the Discloser may refuse to disclose Confidential Information or unilaterally refuse to perform under any agreement made between the Parties, by which the Recipient is to receive or has received access to Confidential Information. 7. Return or Destruction.  Upon Discloser’s written request, a Recipient shall promptly return all Confidential Information received under this Agreement, together with all copies, or certify in writing that it has destroyed all such materials. 8. No Commitment.  Each party acknowledges that the other party may be evaluating similar business opportunities or proposals with third parties, or developing systems, products, or services that are similar in nature to the other party’s current or planned offerings.  Nothing in this Agreement limits the right of either party to develop, procure or market systems, products, or services that may be similar to or competitive with those of the other party; provided that no unauthorized use or disclosure of the other party’s Confidential Information is used in such activities.  In addition, nothing in this Agreement will be construed to prevent either party from entering into negotiations or business relationships with any third party, even if such third party is a competitor of a party to this Agreement. 9. No Licenses or Joint Venture.  No party acquires any intellectual property rights under this Agreement (including patent, copyright, or trademark rights). 