include data or information which: (a) is or becomes publicly available through no fault of the other party; (b) is already in the rightful possession of the other party prior to its receipt from the other party; (c) is independently developed by the other party; (d) is lawfully obtained by the other party from a third party; (e) is disclosed as required by law; or (f) is disclosed to professional advisors in confidence. PAGE 7 The parties agree to hold each other's Confidential Information in confidence. The parties agree not to make each other's Confidential Information available in any form to any third party or to use each other's Confidential Information for any purpose outside the scope of this Agreement. Each party agrees to take all reasonable steps to ensure the Confidential Information is not disclosed or distributed by its employees or agents in violation of this Section. 15. LIMITATION OF GARMAN'S LIABILITY The exclusive remedy of either party in a claim against the other under this Agreement shall be the recovery of its direct damages. In no event shall either party be liable to the other for the recovery of any special, indirect or consequential damages even if the defendant party had been advised of the possibility of such damages including but not limited to lost profits, lost revenues, failure to realize expected savings, loss of data and loss of use. The parties agree that the limitation of liability in this paragraph reflects the allocation of risk between the parties and the price of the licenced Software. The limitation of liability in this Section 15 shall not apply to breaches of Sections 13 and 14. 16. SOURCE CODE ESCROW (a) Immediately upon execution of this Agreement, Garman shall maintain on each AS400 at an Authorized Location the most current