premise: 1. "Proprietary Information" will include any and all technical, engineering, scientific, financial, marketing and/or competitive information or data, including but not limited to formulas, databases, schematics, circuit designs, cell libraries, processes, know-how, methodologies, inventions, algorithm, techniques, ideas, software, documentation, trade secrets, projections, licenses, marketing and product development plans, and any other information of a similar nature whether disclosed orally or in writing, or through observation, examination or use, specifically: SOFTWARE:___________________________________________________________________________________ Each party agrees to maintain the confidentiality of such Proprietary Information and to not use, disclose, publish or disseminate it in any manner not consistent with this Agreement.  In addition to any other remedies, which may be available, Owner shall be entitled to seek injunctive relief to enforce the terms of this Agreement. 2. “Owner” means the party who discloses Proprietary Information.  “Recipient” means the party who receives Proprietary Information of or from the Owner.  Owner warrants that it has the right to disclose the Proprietary Information to Recipient.  All information is provided "AS IS" without any warranty regarding its accuracy or performance and will remain the property of the Owner and/or its licensors.  No license or other rights to Proprietary Information are granted or implied under this Agreement. 3. The Proprietary Information will be marked by the Owner as confidential at the time of disclosure.  If Proprietary Information is disclosed orally, electronically or without any marking, Owner will identify it as confidential at the time of disclosure and will provide a written confirmation to Recipient within thirty days of disclosure that such information is confidential. 