Common use of Certainty Clause in Contracts

Certainty. If FIDEX is uncertain of its duties or rights hereunder, it will refrain from taking any action other than to retain the Software, Documentation, and other Materials safely until it is directed otherwise in writing by DEVELOPER and LICENSEE jointly or by final order of a court of competent jurisdiction. Except as expressly provided in this agreement, FIDEX agrees that it will not divulge or disclose or otherwise make available to third parties whatsoever, or make any use whatsoever, of the Software or of any information deposited with it by DEVELOPER in connection with this Agreement, without the express prior written consent of DEVELOPER.