Common use of Confidential Information Definition Clause in Contracts

Confidential Information Definition. Confidential Information" is all nonpublic information concerning the business, technology, internal structure and strategies of the Disclosing Party that is conveyed to the Recipient orally or in tangible form and is either marked as "confidential" or is identified as confidential prior to disclosure or that, by its nature, the parties reasonably would or should understand to be confidential. E-world acknowledges that the contents of this Agreement (including, without limitation the pricing terms contained herein), Optimized Code, Software, related documentation, listings, flow charts, data, bench xxxx tests, specifications, underlying ideas, algorithms, concepts, procedures, processes, principles, know-how, methods of operation, designs, programming techniques (including all underlying Intellectual Property Rights), input data formats and structures, trade secrets, and other proprietary information provided by On2 to E-world are Confidential Information. On2 acknowledges that Incorporated Technology is Confidential Information. Confidential Information will not include the fact that this Agreement exists. If any Confidential Information is required to be disclosed by operation of law (including any Confidential Information required to be disclosed as a result of On2's disclosure obligations under the U.S. securities laws) or by an instrumentality of the government, then in such event the Recipient will promptly notify the Disclosing Party of any such request so as to allow the Disclosing Party full opportunity to seek protective orders or other relief prior to disclosure. The non-disclosure obligations with respect to Confidential Information will not apply to information (i) that at the time of disclosure was generally available to the public, through no act or failure of Recipient; (ii) that is rightfully known to Recipient at the time of receiving such information; (iii) that is furnished to Recipient by a third party without restriction on disclosure and without Recipient having actual notice or reason to know that the third party lacks authority to so furnish the information; (iv) that is independently developed by Recipient, or (v) the Disclosing Party consents in writing to being disclosed.

Confidential Information Definition. Confidential Information" is all nonpublic information concerning the business, technology, internal structure and strategies of the Disclosing Party that is conveyed to the Recipient orally or in tangible form and is either marked as "confidential" or is identified as confidential prior to disclosure or that, by its nature, the parties reasonably would or should understand to be confidential. E-world acknowledges that the contents of this Agreement (including, without limitation the pricing terms contained herein), Optimized Code, Software, related documentation, listings, flow charts, data, bench xxxx mark tests, specifications, underlying ideas, algorithms, conceptsxxxcepts, procedures, processes, principles, know-how, methods of operation, designs, programming techniques (including all underlying Intellectual Property Rights), input data formats and structures, trade secrets, and other proprietary information provided by On2 to E-world are Confidential Information. On2 acknowledges that Incorporated Technology is Confidential Information. Confidential Information will not include the fact that this Agreement exists. If any Confidential Information is required to be disclosed by operation of law (including any Confidential Information required to be disclosed as a result of On2's disclosure obligations under the U.S. securities laws) or by an instrumentality of the government, then in such event the Recipient will promptly notify the Disclosing Party of any such request so as to allow the Disclosing Party full opportunity to seek protective orders or other relief prior to disclosure. The non-disclosure obligations with respect to Confidential Information will not apply to information (i) that at the time of disclosure was generally available to the public, through no act or failure of Recipient; (ii) that is rightfully known to Recipient at the time of receiving such information; (iii) that is furnished to Recipient by a third party without restriction on disclosure and without Recipient having actual notice or reason to know that the third party lacks authority to so furnish the information; (iv) that is independently developed by Recipient, or (v) the Disclosing Party consents in writing to being disclosed.

Confidential Information Definition. Confidential Information" is all nonpublic information concerning the business, technology, internal structure and strategies of the Disclosing Party that is conveyed to the Recipient orally or in tangible form and is either marked as "confidential" or is identified as confidential prior to disclosure or that, by its nature, the parties reasonably would or should understand to be confidential. E-world acknowledges that the contents of this Agreement (including, without limitation the pricing terms contained herein), Optimized Code, Software, related documentation, listings, flow charts, data, bench xxxx tests, specifications, underlying ideas, algorithms, concepts, procedures, processes, principles, know-how, methods of operation, designs, programming techniques (including all underlying Intellectual Property Rights), input data formats and structures, trade secrets, and other proprietary information provided by On2 to E-world are Confidential Information. On2 acknowledges that Incorporated Technology is Confidential Information. Confidential Information will not include the 9 <PAGE> fact that this Agreement exists. If any Confidential Information is required to be disclosed by operation of law (including any Confidential Information required to be disclosed as a result of On2's disclosure obligations under the U.S. securities laws) or by an instrumentality of the government, then in such event the Recipient will promptly notify the Disclosing Party of any such request so as to allow the Disclosing Party full opportunity to seek protective orders or other relief prior to disclosure. The non-disclosure obligations with respect to Confidential Information will not apply to information (i) that at the time of disclosure was generally available to the public, through no act or failure of Recipient; (ii) that is rightfully known to Recipient at the time of receiving such information; (iii) that is furnished to Recipient by a third party without restriction on disclosure and without Recipient having actual notice or reason to know that the third party lacks authority to so furnish the information; (iv) that is independently developed by Recipient, or (v) the Disclosing Party consents in writing to being disclosed.. 8

Confidential Information Definition. Confidential Information" is all nonpublic information concerning the business, technology, internal structure and strategies of the Disclosing Party that is conveyed to the Recipient orally or in tangible form and is either marked as "confidential" or is identified as confidential prior to disclosure or that, by its nature, the parties reasonably would or should understand to be confidentialdisclosure. E-world ATKK acknowledges that the contents of this Agreement (including, without limitation limitations the pricing terms contained herein), Optimized Code, Software, related documentation, listings, flow charts, data, bench xxxx mark tests, specifications, underlying ideas, algorithms, concepts, proceduresxxxxedures, processes, principles, know-how, methods of operation, designs, programming techniques (including all underlying Intellectual Property Rights), input data formats and structures, trade secrets, and other proprietary information provided by On2 to E-world ATKK are Confidential Information. On2 acknowledges that Incorporated Technology is Technology, concepts, procedures, processes, principles, know-how, methods of operation, designs, programming techniques provided by ATKK to On2 are Confidential Information. Confidential Information will not include the fact that this Agreement exists. If any Confidential Information is required to be disclosed by operation of law (including any Confidential Information required to be disclosed as a result of On2's disclosure obligations under the U.S. securities laws or ATKK's disclosure obligation under the Japanese laws) or by an instrumentality of the government, then in such event the Recipient will promptly notify the Disclosing Party of any such request so as to allow the Disclosing Party full opportunity to seek protective orders or other relief prior to disclosure. The non-disclosure obligations with respect to Confidential Information will not apply to include information (i) that at the time of disclosure was generally available to the public, through no act or failure of Recipient; (ii) that is rightfully known to Recipient at the time of receiving such information; (iii) that is furnished to Recipient by a third party without restriction on disclosure and without Recipient having actual notice or reason to know that the third party lacks authority to so furnish the information; (iv) that is independently developed by Recipient, or Recipient (v) the Disclosing Party consents in writing to being disclosed.