without any obligation of confidentiality; or 6.1.3 was in the possession of the receiving Party prior to receipt of the same from the other Party without any obligation of confidentiality related thereto; or 6.1.4 the receiving party has independently developed without using material or information received from the other Party. 6.2 Each Party shall promptly upon termination of this Agreement or when the Party no longer needs the material or information in question for the purpose stated in this Agreement cease using confidential material and information received from the other Party and, unless the Parties separately agree on destruction of such material, return the material in question (including all copies thereof). 6.3 The rights and responsibilities under this section shall survive any termination or cancellation of this Agreement for 2 years. 7 TERM OF THE AGREEMENT AND TERMINATION Source: DATA CALL TECHNOLOGIES, SB-2/A, 9/18/2006 7.1 Unless otherwise stated in the Appendix the term of this letter Agreement shall continue for twenty-four (24) months with the effective date unless terminated sooner or extended pursuant to the terms hereof ("Initial Term"). The Initial Term shall automatically be extended for an additional period of half a year unless either party provides the other party with written notification of termination of the letter Agreement at least 60 days prior to end of such period. 7.2 Either Party shall be entitled to cancel this Agreement if the other Party is materially in breach of the terms of this Agreement. If the breach of contract is capable of being remedied, this Agreement can be cancelled only provided that the Party in breach has not rectified its breach within thirty (30) days of the written notice by the other Party. 7.3 Either Party may cancel this Agreement already prior to the date of its fulfillment, if it