Common use of Confidential Information and Ownership Clause in Contracts

Confidential Information and Ownership. 5.1 This Section 5 shall not apply so long as Akamai and Customer are parties to an effective non-disclosure agreement that would govern the disclosure of information hereunder. Any information that a receiving party knows or has reason to know is confidential or proprietary (because such information is identified by the disclosing party orally or in writing as such or is not generally known in the relevant industry), is “Confidential Information” and shall remain the sole property of the disclosing party. The terms of any Transaction Document shall also constitute Confidential Information of each party. Neither party shall disclose, use, modify, copy, reproduce or otherwise divulge Confidential Information of the other, except as required by law or as necessary for Akamai to provide the Services in accordance with or as otherwise permitted by the Agreement. This Section 5 shall not apply to information disclosed in published materials, generally known to the public, lawfully obtained from any third party, or previously known to or independently developed by the receiving party. Neither party shall use the other party’s name, logo or marks without the other party’s prior written consent.