Common use of 2Exclusions Clause in Contracts

2Exclusions. Confidential Information does not include information that Receiving Party can demonstrate by written or other documentary records: (a) was lawfully known to Receiving Party without restriction on use or disclosure prior to such information’s being disclosed or made available to Receiving Party in connection with this Agreement; (b) was or becomes generally known by the public other than by Receiving Party’s or any of its Representatives’ noncompliance with this Agreement; (c) was or is received by Receiving Party on a non-confidential basis from a third party that was not or is not, at the time of such receipt, under any obligation to maintain its confidentiality; or (d) Receiving Party can demonstrate by written or other documentary records was or is independently developed by Receiving Party without reference to or use of any Confidential Information.

Appears in 5 contracts

Sources: Software and Services License Agreement (RSE Portfolio, LLC), Software and Services License Agreement (RSE Portfolio, LLC), Software and Services License Agreement (RSE Innovation, LLC)