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fi< Communications Commission and other United States or foreign governmental authorities which from time to time have jurisdiction. In no event shall ETA and/orwireless carrier be liable for the failure or incompatibility of any equipment utilized by Customer in connection with Service. Ownership a) Customer grants ETA the right to use all data submitted to the System for any and all purposes, including to purge such data as provided in Section "Data Storage" and to create compilations of such data as long as ETA will not identify the data source as being from the Customer nor portray the data in such a manner as to identify the Customer. Customer agrees that ETA shall own all compilations of the data created by or for ETA. b) The System and the components provided by ETA for the Customer's use are protected by patent, copyright, trade secret, trademark, international treaties, and other laws. Customer agrees that ETA owns all proprietary rights in the System and any corrections, enhancements, updates, or other modifications, including custom modifications, thereto, whether made by ETA or any third party. c) To the extent permitted by law, at all times during and after the termination or expiration of this Agreement, Customer and it employees and agents shall maintain the confidentially of trade secret information. Customer shall not disclose any such proprietary information concerning the System, including any flow charts, logic diagrams, user manuals, and screens, to persons not an employee of Customer without the prior written consent of ETA. Intellectual property Customer acknowledges and agrees that Customer's rights with respect to Hardware Products, are limited to the right to use the same with the System. The Hardware and Software Products contain trade secrets, know-how and other intellectual property belonging to ETA Transit Systems. Under no circumstances shall Customer sell or transfer any purchased Hardware or Software Products, reconstruct or repair such Hardware or Software Products, or reverse engineer or otherwise attempt to learn the trade secrets, know how or other intellectual property embodied therein. Remedies Customer agrees that its remedies as a Customer are limited to those provided for under the System Support Agreement between the parties. ETA shall not be liable to Customer or any third party for any general, special, punitive, incidental, indirect, or consequential damages, or any lost profits or business, arising out of this agreement. If Customer fails to make any payment due or otherwise violates any term or condition of this Agreement, Customer may be declared in default upon notice and failure to cure for 60 days. If ETA violates any term or condition of this Agreement, ETA may be declared in default upon notice and failure to cure for 60 days. Upon declaration of default by Customer, all amounts due under this Agreement during the entire term hereof shall become immediately due and payable including, without limitation, the cost to repair or replace damaged equipment, interest and costs and expenses of collection. Upon default and failure to cure, ETA and Customer shall have the right to terminate this Agreement and recover any other remedy permitted by law. Customer shall defend, indemnify and hold ETA harmless from and Initials: ETA Transit , 11