5.1 Nothing contained in this Agreement shall be construed as granting a license or assignment of any patent or copyright or other intellectual property rights. The Discloser provides Confidential Information solely on an “AS IS” basis and the Discloser shall not be liable for any losses or damages whatsoever and howsoever incurred or suffered by the Recipient or any person as a result of its reliance on the Confidential Information or the use thereof and the parties hereto agree that any such liability is expressly disclaimed. The disclosure of Confidential Information shall not be construed as any representation, warranty, assurance, guarantee, or inducement by the Discloser with respect to such Confidential Information, as well as any use thereof, except as otherwise provided for herein. Nothing in this Agreement or its operation shall preclude or in any way impair or restrict either party from continuing to engage in its business otherwise than in breach of the terms of this Agreement.