“customer” shall mean a business entity that may or has agreed to purchase from standard the hardware products and the digital paper products and to license from standard the software products and associated online services for use solely with the hardware products and digital paper products. no information or materials shall qualify as expedata confidential information if they (i) are or become, through no fault of standard, available to the public, (ii) are obtained by standard from a third party without breach of any agreement with, or obligation of confidentiality to, expedata, (iii) are designated in writing as materials to be utilized by standard in connection with the promotion, marketing and sale of the digital pen and paper system or (iv) are required by law or a court or government agency to be disclosed. standard shall refer such persons to expedata for the sale and license of the digital pen and paper system directly from expedata to such persons. standard shall report by the 30th day of each calendar quarter to expedata all digital pen and paper systems and associated online services received by its customers in the prior calendar quarter in such a format as established by expedata. expedata shall invoice standard for the digital pen and paper system and initial license fees upon shipment of the products to standard in the amounts set forth in the exhibit f (the “service fees”), less the amount of any discounts as set forth in exhibit f (the “service fees discounts”). the fees charged by standard to its customers for the digital pen and paper system and associated online services shall be determined by standard in its sole discretion. if a court of competent jurisdiction holds the digital pen and paper system to be infringing, expedata shall pay any costs and damages finally awarded by reason of such infringement, and if the use of the digital pen and paper system is enjoined, expedata shall take, at its option, one (1) or more of the actions described in this section 16(c) (the “patent and copyright indemnification”). standard shall not change or alter any of the marks used in connection with the digital pen and paper system. standard will retain sole ownership of the interface technology that is designed or developed by standard to interface expedata’s digital pen and paper system and the operating systems of standard’s customers. either expedata’s or standard’s waiver of any term or condition of this agreement must be in writing and shall not be construed to be a waiver of any other term or condition hereof.