What are the applicant's obligations if they decide not to invest in a Pump It Up franchise?

[Item 23: RECEIPTS]

• A. Limited Use. Applicant and Employees shall use the Confidential Information solely for the purpose of evaluating whether or not Applicant will invest in a Pump It Up franchise. Neither Applicant nor Employees shall make any other use of the Confidential Information. If Applicant does not invest in a Pump It Up franchise, the obligations set forth in this Section 2 will remain in effect for a period of 12 months from the date Applicant elects not to pursue such a franchise relationship. Within 12 months after the date Applicant elects not to pursue a franchise relationship with PIU, if Applicant or any Employee opens and operates a business whose method of operation or trade dress is similar to that of a Pump It Up Business or the System, a violation of this Agreement will be presumed.
• B. No Disclosure. Applicant and Employees shall not disclose the Confidential Information to any person or entity other than Applicant's attorney or accountant as necessary to evaluate the opportunity provided by PIU. Applicant and Employees agree to protect the Confidential Information against unauthorized disclosure using the same degree of care, but no less than a reasonable degree of care, as Applicant and Employees use to protect Applicant's confidential information.
• C. No Use, Copying or Transfer. Applicant and Employees shall not use, copy or transfer Confidential Information in any way and shall protect the Confidential Information against unauthorized use, copying or transfer using the same degree of care, but no less than a reasonable degree of care, as Applicant and Employees use to protect Applicant's confidential information. This prohibition against use, copying, or transfer of Confidential Information includes, but is not limited to, selling, licensing or otherwise exploiting, directly or indirectly, any products or services which embody or are derived from Confidential Information. Applicant and Employees further agree not to remove, overprint, or deface any notice of copyright, trademark, logo, or other notices of ownership from any Confidential Information.
• D. Applicability. These covenants shall apply to all Confidential Information disclosed to Applicant or Employees by PIU at any time, including prior to the date of this Agreement. [Item 23: RECEIPTS]

• 3. RETURN OF CONFIDENTIAL INFORMATION. Nothing in this Agreement obligates either PIU or Applicant to enter into a franchise agreement for the operation of a Pump It Up Business. Applicant acknowledges that PIU's decision to consider Applicant for any franchise opportunity, as well as the location and type of franchise opportunity to be offered, if any, and the terms of any contracts, will be made by PIU in its sole discretion. If, at any time, PIU determines that it does not wish for Applicant to become a franchisee, or Applicant determines that it does not wish to invest in a Pump It Up franchise, or if PIU requests, at any time and for any reason, that Applicant and Employees do so, Applicant and Employees agree to: (A) immediately cease to use the Confidential Information; (B) immediately return to PIU the Confidential Information and all copies thereof (whether or not such copies were authorized) and cause any third party to whom disclosure was made to do the same; and (C) at the request of PIU, certify in writing that Applicant, Employees and all others to whom Applicant has provided such Confidential Information, have complied with subsections (A) and (B) above.
• 4. NOTICE TO PIU. Applicant and Employees shall immediately notify PIU of any information that comes to their attention which indicates that there has been or may be a loss of confidentiality of any of the Confidential Information or a breach of this Agreement

Source: Item 23 — RECEIPTS (FDD pages 60–225)