5. Warranty. Discloser warrants that it has the right to disclose Confidential Information but makes no other warranties, express or implied. CONFIDENTIAL INFORMATION IS PROVIDED ON AN “AS IS” BASIS. Company acknowledges that VMware has not publicly announced the availability of products or services that contain features or functionality that are disclosed as part of the Confidential Information (“Potential Features”), that VMware has not promised or guaranteed to Company that products or services containing the Potential Features or Feedback (as defined in Section 6 below) will be announced or made available to anyone in the future, that VMware has no express or implied obligation to Company to announce or introduce any product or service that contain the Potential Features or Feedback, and that VMware may not introduce a product or service that contains the Potential Features or Feedback. Accordingly, Company acknowledges that any research that Company conducts is done entirely at Company’s own risk. Specifically, the VMware products or services disclosed as part of the Confidential Information may contain features, functionality or modules that may not be included in the generally available version of the respective products or services, or that may be marketed separately for additional fees.
6. Feedback. Company may from time to time provide feedback to VMware concerning the Confidential Information (“Feedback”). Feedback which is provided by Company to VMware in connection with the Confidential Information or this Agreement may be used by VMware to improve or enhance its products and, accordingly, Company hereby grants VMware and it subsidiaries a non-exclusive, perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, modify, make, have made, distribute, sell, offer for sale, display, perform, create derivative works, permit unmodified binary distribution and otherwise exploit such Feedback without restriction.
7. Term and Termination. Either party may terminate the Agreement in writing, whereupon Recipient will stop all use and disclosure of Discloser’s Confidential Information. Regardless of any expiration or termination of this Agreement, Recipient must meet its obligations with respect to Confidential Information under this Agreement for five years after receipt of that Confidential Information (except for source code, which must be kept in confidence for perpetuity). Upon written request of the Discloser, Recipient will promptly return to Discloser or destroy (or in the case of electronic data, use commercially reasonable efforts to delete or render practicably inaccessible by Recipient) Confidential Information of Discloser.