C-1All intellectual property rights, including trademark, copyright, and trade secret rights, in the Program Materials are and shall remain the property of the developer and owner, VCS and/or its licensor. VCS warrants that the Program Materials do not infringe the patent, copyright, trade secret or other proprietary rights of any third parties. All modifications of the Program Materials, whether or not included in Derived Products, are the sole and exclusive property of VCS and/or its licensor. All original code developed by Licensee is the sole and exclusive property of Licensee.
C-2The Program Materials source codes are confidential, and access shall be limited to a need-to-know basis, and Licensee shall use reasonable means, in any event not less than that used to protect Licensee's own proprietary materials to safeguard the confidential status of the program materials source code. Licensee acknowledges that unauthorized disclosure of Program Materials source code will cause material damage to VCS far in excess of the license fees.
C-3LIMITED WARRANTY – VCS warrants the Program Materials media to be free of defects in workmanship for a period of sixty days from purchase. During this period, VCS will replace at no cost any such defective media returned to VCS, postage prepaid. This service is VCS' sole liability under this warranty. While every effort is made to provide functional and productive software tools, no warranty is made that the performance or function of the Program Materials will operate in an entirely error-free manner. The Program Materials are designed and intended for use by computer professionals experienced in the uses and limitations of computer software: it is Licensee's responsibility to ascertain suitability for its purposes.
C-4THE WARRANTIES EXPRESSED IN THIS LICENSE ARE THE ONLY WARRANTIES MADE BY VCS, AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
C-5The amounts paid to VCS by licensee under this License and/or subsequent maintenance agreements do not include any consideration for assumption of risk, and VCS disclaims any and all liability for special, indirect or consequential damages suffered by Licensee, or for any claim or demand against Licensee by any other party, arising out of or in connection with the use or the inability to use or the performance or lack thereof of the Program Materials, modifications thereto and/or Derived Products, or arising from the negligence of VCS or its employees, officers, directors, consultants or dealers, even if any of these parties have been advised of the possibility of such damages.
