the inadvertence, negligence or fault of the other Party. The parties agree that this exclusive remedy is essential to the smooth operation of the Service and the consistent performance of the parties under this Agreement. The type and placement of make goods shall be as mutually agreed, it being the intent of the parties that the value of the make goods shall be substantially the same as that which the party not at fault would have ordinarily received under this Agreement. All make goods shall be provided in the Theatre in which the corresponding Inventory would have been exhibited. ARTICLE V INTELLECTUAL PROPERTY Section 5.1 Software License. Subject to the terms and conditions of this Agreement, NCM hereby grants to Network Affiliate, and Network Affiliate hereby accepts, a non-exclusive, non-transferable, non-sublicenseable, royalty-free limited license to the object code version of the Software on Equipment at Theatres solely for the limited purpose of performing this Agreement. The parties agree that, as part of the set-up services NCM will establish one or more connections between the Software and Network Affiliate's point-of-sale software and such other software of Network Affiliate as is required to deliver the Service. The parties agree that NCM will have "real-time" access through the connections to Network Affiliate's point-of-sale software to Network Affiliate's ratings, show-time, and attendance information, as shall be mutually determined by the parties (the "Point-of-Sale Information"). The Point-of-Sale Information shall be deemed the Confidential Information of Network Affiliate for all purposes of this Agreement. The parties will cooperate to ensure that NCM does not receive access through Network Affiliate's point-of- sale software to any information of Network Affiliate other than the Point-of-Sale Information. 14 Source: DIGITAL CINEMA DESTINATIONS CORP., S-1, 12/20/2011 Section 5.2 Software Restrictions. Network Affiliate acknowledges that the Software and any and all components