Additional Terms for Academic Use and Fundamental Research Use. This obligation of confidentiality shall not apply to any information that: (i) is already in the possession of DS without any obligation of confidentiality at the time the information was received from Customer; (ii) is independently developed by DS without reference to the Customer Data; (iii) is or becomes publicly available without breach of this Agreement; (iv) is rightfully received by DS from a third party without an obligation of confidentiality; (v) is released for disclosure by Customer with its written consent; or (vi) is required to be disclosed in accordance with a judicial or administrative decision but solely with respect to such judicial or administrative entity, provided that DS provides prompt information to Customer and reasonably cooperates with the Customer to limit the disclosure and use of the applicable information according to the decision.
Additional Terms for Academic Use and Fundamental Research Use. 11.1 Additional Definitions Academic Use means any use of the DS Offerings by authorized users solely for purposes that are strictly related to (i) education, institutional, instruction and/or research purposes (ii) experimental, theoretical and/or digital research work, undertaken primarily to acquire new knowledge of the underlying foundations of phenomena and observable facts, up to proof of concept in a laboratory. Academic Use can only be granted to a Customer that is an institution of education and/or research and that grants academic degrees (diploma or certificate) at any primary, secondary or higher education level. Fundamental Research Use means any use of the DS Offerings by the authorized users solely for experimental, theoretical and/or digital research work, undertaken primarily to acquire new knowledge of the underlying foundations of phenomena and observable facts, up to proof of concept in a laboratory. Fundamental Research Use (i) must always result in a generally available publication and (ii) can only be granted to a Customer that is a non- profit institution dedicated to research, either publicly owned or operated, or that depends on more than fifty percent (50%) on public funding. 11.2
