of the business of Obligor and the nature of transactions for which
Obligor uses or intends to use the Service ("Obligor Information").
(b) THE BANK WILL MAKE AVAILABLE TO ANY LICENSOR, ON DEMAND BY SUCH LICENSOR,
SUCH OBLIGOR INFORMATION AS LICENSOR SHALL REASONABLY REQUIRE IN CONNECTION WITH
PROVIDING THE SERVICE OR COMPLIANCE WITH APPLICABLE LAW.
(c) THE BANK SHALL REQUIRE ANY LICENSOR TO MAINTAIN SUCH OBLIGOR INFORMATION IN
CONFIDENCE AND TO LIMIT ITS DISCLOSURE (A) TO ITS OFFICERS, DIRECTORS, AND
EMPLOYEES, AFFILIATES, AUDITORS AND ATTORNEYS WHO HAVE A NEED TO KNOW IN
CONNECTION WITH PROVIDING THE SERVICE IN CONNECTION WITH THIS AGREEMENT; (B) TO
ITS AGENTS AND SUBCONTRACTORS WHO HAVE A NEED TO KNOW IN CONNECTION WITH
PROVIDING THE SERVICE IN CONNECTION WITH THIS AGREEMENT, PROVIDED THAT SUCH
THIRD PARTY HAS AGREED IN WRITING TO MAINTAIN THE CONFIDENTIALITY OF SUCH
INFORMATION ON TERMS NO LESS STRICT THAN THOSE HEREIN; AND (C) TO REGULATORY
OFFICIALS OR AS REQUIRED BY LAW. THE BANK WILL REQUIRE ANY LICENSOR TO USE THE
OBLIGOR INFORMATION ONLY FOR PURPOSES OF PROVIDING THE SERVICE IN CONNECTION
WITH THIS AGREEMENT.
(d) THE OBLIGATIONS IMPOSED UNDER SECTION 3.3 ABOVE SHALL NOT APPLY TO OBLIGOR
INFORMATION THAT IS MADE PUBLIC BY OBLIGOR; BECOMES GENERALLY AVAILABLE TO THE
PUBLIC; IS RECEIVED FROM A THIRD-PARTY WITHOUT RESTRICTION, AND WHO IS NOT
SUBJECT TO A DUTY OF CONFIDENTIALITY; IS DEVELOPED INDEPENDENTLY BY THE
RECEIVING PARTY; OR IS DISCLOSED WITH WRITTEN CONSENT OF OBLIGOR.
(e) OBLIGOR ACKNOWLEDGES THAT ITS INFORMATION WILL BE DISCLOSED AS PROVIDED
ABOVE IN SECTION 3.3 AND 3.4, AND OBLIGOR HEREBY CONSENTS TO SUCH DISCLOSURE BY
THE BANK TO ANY LICENSOR AND TO THE DISCLOSURE AND USE OF SUCH OBLIGOR
INFORMATION BY THE BANK AND ANY LICENSOR AS PROVIDED IN SECTION 3.3 AND 3.4
ABOVE.
4. Representations and Warranties of Obligor.
(a) Obligor represents and warrants to the Bank as follows (and such
representations and warranties shall survive execution of this Agreement):
(i) No transaction to be processed through use of these Services is prohibited
by applicable law, regulation or rule;
(ii) Obligor is not a national of a designated blocked country or "Specially
Designated National", "Blocked Entity", "Specially Designated Terrorist",
"Specially Designated Narcotics Trafficker" or "Foreign Terrorist Organization",
as defined by the United States Office of Foreign Assets Control;
(iii) This Agreement has been duly authorized, executed and delivered on its
behalf and constitutes the legal, valid and binding obligation of Obligor. The
execution, delivery and performance of this Agreement by Obligor do not and will
not violate any applicable law, rule or regulation and do not require the
consent or approval of any governmental or other regulatory body except for such
consent and approvals as have been obtained and are in full force and effect.
(iv) Obligor will comply with all laws, rules and regulations applicable to the
Service.
(v) Obligor will not export or transship any Licensor Software in violation of
any United States or other laws or regulations.
5. Confidentiality.
(a) Obligor acknowledges that any computer,