IPMI2.0_SPEC_Rev1.1_Errata-6_Markup

1. Confidential Information. The confidential, proprietary and trade secret information being disclosed ("Confidential Information"), is

that information marked with a "confidential", "proprietary", or similar legend, and is described as:

Confidential Information: Intelligent Platform Management Interface Specification Second Generation (v2.0), Intelligent Platform

Management Bus Bridge Specification (v1.0), Intelligent Chassis Management Bus Bridge Specification (v1.0)

subsidiaries who have a need to know and who agree to abide by nondisclosure terms at least as comprehensive as those set forth

herein; provided that the receiving party will be liable for breach by any such entity. The receiving party will not make any copies of

Confidential Information received from the disclosing party except as necessary for its employees, parent company and majority-

owned subsidiaries with a need to know. Any copies which are made will be identified as belonging to the disclosing party and marked

"confidential", "proprietary" or with a similar legend.

3. Period of Non-Assertion. Unless a shorter period is indicated below, the disclosing party will not assert any claims for breach of this

party. However, unless at least one of the exceptions set forth in Section 4 below has occurred, the receiving party will continue to

use or disclosure prior to its receipt from the disclosing party; (d) independently developed by employees of the receiving party; or

5. Title. Title or the right to possess Confidential Information as between the parties will remain in the disclosing party.

6. No Obligation of Disclosure; Termination The disclosing party may terminate this Agreement at any time without cause upon written

Agreement will survive any such termination. The disclosing party may, at any time: (a) cease giving Confidential Information to the

other party without any liability, and/or (b) request in writing the return or destruction of all or part of its Confidential Information

previously disclosed, and all copies thereof, and the receiving party will promptly comply with such request, and certify in writing its

in this Agreement or by the transfer of any information by one party to the other party as contemplated hereunder, either

expressly, by implication, inducement, estoppel or otherwise, and that any license under any such intellectual property rights

must be express and in writing.

(c) The failure of either party to enforce any right resulting from breach of any provision of this Agreement will not be deemed a

waiver of any right relating to a subsequent breach of such provision or of any other right hereunder.