(A)The Licensee undertakes to treat as confidential and keep secret all information contained or embodied in the Licensed Program Materials and all information conveyed to the Licensee by training (hereinafter collectively referred to as ‘the Information’)

(B)The Licensee shall not without the prior written consent of the Licensor divulge any part of the Information to any person except:

(i)the Licensee’s own employees and then only to those employees who need to know the same;

(ii)the Licensee’s auditors and any other persons or bodies having a right duty or obligation to know the business of the Licensee and then only in pursuance of such right duty or obligation;

(iii)any person who is from time to time appointed by the Licensee to maintain any equipment on which the Licensed Programs are being used (in accordance with the terms of the license) and then only to the extent necessary to enable such person properly to maintain such equipment

(C)The Licensee undertakes to ensure that the persons and bodies mentioned in paragraphs (i), (ii) and (iii) of Clause (B) are made aware prior to the disclosure of any part of the Information that the same is confidential and that they owe a duty of confidence to the Licensor. The Licensee shall indemnify the Licensor against any loss or damage which the Licensor may sustain or incur as a result of the Licensee failing to comply with such undertaking, or as a result of the Licensee failing to comply with Clause (B) itself or with Section 12 Clause (A) and (B)

(D)The Licensee shall promptly notify the Licensor if it becomes aware of any breach of confidence by any person to whom the Licensee divulges all or any part of the Information and shall give the Licensor all reasonable assistance in connection with any proceedings which the Licensor may institute against such person for breach of confidence

(E)The foregoing obligations as to confidentiality shall remain in full force and effect notwithstanding any termination of the license or this Agreement