Common use of CONFIDENTIAL, PROPRIETARY, AND TRADE SECRET INFORMATION AND MATERIALS Clause in Contracts

CONFIDENTIAL, PROPRIETARY, AND TRADE SECRET INFORMATION AND MATERIALS. a. Buyer and Seller shall each keep confidential and protect from unauthorized use and disclosure all (i) confidential, proprietary and/or trade secret information of a Party or third party disclosed by a Party; (ii) software provided under this Contract in source code form or identified as subject to this Article; and (iii) tooling identified as subject to this Article: in each case that is obtained, directly or indirectly, from the other in connection with this Contract or Buyer’s contract with its customer, if any, (collectively referred to as "Proprietary Information and Materials"). Proprietary Information and Materials excludes information that is, as evidenced by competent records provided by the receiving Party, known to the receiving party or lawfully in the public domain, in the same form as disclosed hereunder, disclosed to the receiving Party without restriction by a third party having the right to disclose it, or developed by the receiving Party independently without use of or reference to the disclosing Party’s Proprietary Information and Materials.

CONFIDENTIAL, PROPRIETARY, AND TRADE SECRET INFORMATION AND MATERIALS. a. Buyer and Seller shall each keep confidential and protect from unauthorized use and disclosure all (i) confidential, proprietary and/or or trade secret information of a Party or third party disclosed by a Party; (ii) software provided under this Contract in source code form or identified as subject to this Article; and (iii) tooling identified as subject to this Article: in each case that is obtained, directly or indirectly, from the other in connection with this Contract or Buyer’s contract with its customer, if any, (collectively referred to as "“Proprietary Information and Materials"”). Proprietary Information and Materials excludes information that is, as evidenced by competent records provided by the receiving Party, known to the receiving party or lawfully in the public domain, in the same form as disclosed hereunder, disclosed to the receiving Party without restriction by a third party having the right to disclose it, or developed by the receiving Party independently without use of or reference to the disclosing Party’s Proprietary Information and Materials.

CONFIDENTIAL, PROPRIETARY, AND TRADE SECRET INFORMATION AND MATERIALS. a. Buyer and Seller shall each keep confidential and protect from unauthorized use and disclosure all (i) confidential, proprietary and/or trade secret information, including Buyer-provided specifications and Buyer-provided information of a Party or third party disclosed by a Partypertaining to qualification, certification, manufacturing, and/or quality testing and procedures; (ii) tangible items and software provided under this Contract in source code form containing, conveying or identified as subject to this Articleembodying such information; and (iii) tooling identified as being subject to this Article: in each case Article that is obtained, directly or indirectly, from the other in connection with this Contract or Buyerother agreement, including Xxxxx’s contract with its customer, if any, (collectively referred to as "Proprietary Information and Materials"). Proprietary Information and Materials excludes shall not include information that is, as evidenced by competent records provided by the receiving Party, known to the receiving party or lawfully in the public domain, in the same form as disclosed hereunder, lawfully disclosed to or known by the receiving Party without restriction by a third party having restriction, generally known in the right relevant trade or industry prior to disclose itdisclosure hereunder, or developed by the receiving Party independently without use of or reference to the disclosing Party’s Proprietary Information and Materials.

CONFIDENTIAL, PROPRIETARY, AND TRADE SECRET INFORMATION AND MATERIALS. a. Buyer and Seller shall each keep confidential and protect from unauthorized use and disclosure all (i) confidential, proprietary and/or trade secret information of a Party or third party information authorized to be disclosed by a Party, including without limitation specifications and information pertaining to qualification, certification, manufacturing, and/or quality testing and procedures; (ii) software provided under this Contract in source code form containing, conveying or identified as subject to this Articleembodying such information; and (iii) tooling identified as subject to this Article: in each case that is obtained, directly or indirectly, from the other in connection with this Contract or Buyerother agreement, including Xxxxx’s contract with its customer, if any, (collectively referred to as "Proprietary Information and Materials"). Proprietary Information and Materials excludes shall not include information that is, as evidenced by competent records provided by the receiving Party, known to the receiving party or lawfully in the public domain, domain in the same form as disclosed hereunderherein, lawfully disclosed to or known by the receiving Party without restriction by a third party having restriction, generally known in the right relevant trade or industry prior to disclose itdisclosure hereunder, or developed by the receiving Party independently without use of or reference to the disclosing Party’s Proprietary Information and Materials.

CONFIDENTIAL, PROPRIETARY, AND TRADE SECRET INFORMATION AND MATERIALS. a. Buyer and Seller shall each keep confidential and protect from unauthorized use and disclosure all (i) confidential, proprietary and/or trade secret information of a Party or third party disclosed by a Party; (ii) software provided under this Contract in source code form or identified as subject to this Article; and (iii) tooling identified as subject to this Article: in each case that is obtained, directly or indirectly, from the other in connection with this Contract or Buyer’s contract with its customer, if any, (collectively referred to as "“Proprietary Information and Materials"”). Proprietary Information and Materials excludes information that is, as evidenced by competent records provided by the receiving Party, known to the receiving party or lawfully in the public domain, in the same form as disclosed hereunder, disclosed to the receiving Party without restriction by a third party having the right to disclose it, or developed by the receiving Party independently without use of or reference to the disclosing Party’s Proprietary Information and Materials.

CONFIDENTIAL, PROPRIETARY, AND TRADE SECRET INFORMATION AND MATERIALS. a. Buyer and Seller shall each keep confidential and protect from unauthorized use and disclosure all (i) confidential, proprietary and/or trade secret information of a Party or third party information authorized to be disclosed by a Party; including without limitation specifications and information pertaining to qualification, certification, manufacturing, and/or quality testing and procedures; (ii) software provided under this Contract in source code form containing, conveying or identified as subject to this Articleembodying such information; and (iii) tooling identified as subject to this Article: in each case that is obtained, directly or indirectly, from the other in connection with this Contract or Buyerother agreement, including Xxxxx’s contract with its customer, if any, (collectively referred to as "Proprietary Information and Materials"). Proprietary Information and Materials excludes shall not include information that is, as evidenced by competent records provided by the receiving Party, known to the receiving party or lawfully in the public domain, domain in the same form as disclosed hereunderherein, lawfully disclosed to or known by the receiving Party without restriction by a third party having restriction, generally known in the right relevant trade or industry prior to disclose itdisclosure hereunder, or developed by the receiving Party independently without use of or reference to the disclosing Party’s Proprietary Information and Materials.

CONFIDENTIAL, PROPRIETARY, AND TRADE SECRET INFORMATION AND MATERIALS. a. Buyer and Seller shall each keep confidential and protect from unauthorized use and disclosure all (i) confidential, proprietary and/or trade secret information of a Party or third party information authorized to be disclosed by a Party; including without limitation specifications and information pertaining to qualification, certification, manufacturing, and/or quality testing and procedures; (ii) software provided under this Contract in source code form containing, conveying or identified as subject to this Articleembodying such information; and (iii) tooling identified as subject to this Article: in each case that is obtained, directly or indirectly, from the other in connection with this Contract or Buyerother agreement, including Xxxxx’s contract with its customer, if any, (collectively referred to as "Proprietary Information and Materials"). Proprietary Information and Materials excludes shall not include information that is, as evidenced by competent records provided by the receiving Party, known to the receiving party or lawfully in the public domain, domain in the same form for as disclosed hereunderherein, lawfully disclosed to or known by the receiving Party without restriction by a third party having restriction, generally known in the right relevant trade or industry prior to disclose itdisclosure hereunder, or developed by the receiving Party independently without use of or reference to the disclosing Party’s Proprietary Information and Materials.

CONFIDENTIAL, PROPRIETARY, AND TRADE SECRET INFORMATION AND MATERIALS. a. Buyer and Seller shall each keep confidential and protect from unauthorized use and disclosure all (i) confidential, proprietary and/or trade secret information of a Party or third party information authorized to be disclosed by a Party, including without limitation specifications and information pertaining to qualification, certification, manufacturing, and/or quality testing and procedures; (ii) software provided under this Contract in source code form containing, conveying or identified as subject to this Articleembodying such information; and (iii) tooling identified as being subject to this Article: in each case Article that is obtained, directly or indirectly, from the other in connection with this Contract or Buyerother agreement, including Xxxxx’s contract with its customer, if any, (collectively referred to as "Proprietary Information and Materials"). Proprietary Information and Materials excludes shall not include information that is, as evidenced by competent records provided by the receiving Party, known to the receiving party or lawfully in the public domain, domain in the same form as disclosed hereunderherein, lawfully disclosed to or known by the receiving Party without restriction by a third party having restriction, generally known in the right relevant trade or industry prior to disclose itdisclosure hereunder, or developed by the receiving Party independently without use of or reference to the disclosing Party’s Proprietary Information and Materials.

CONFIDENTIAL, PROPRIETARY, AND TRADE SECRET INFORMATION AND MATERIALS. a. Buyer and Seller shall each keep confidential and protect from unauthorized use and disclosure all (i) confidential, proprietary and/or trade secret information of a Party or third party information authorized to be disclosed by a Party, including specifications and information pertaining to qualification, certification, manufacturing, and/or quality testing and procedures; (ii) software provided under this Contract in source code form containing, conveying or identified as subject to this Articleembodying such information; and (iii) tooling identified as subject to this Article: in each case that is obtained, directly or indirectly, from the other in connection with this Contract or Buyerother agreement, including Xxxxx’s contract with its customer, if any, (collectively referred to as "Proprietary Information and Materials"). Proprietary Information and Materials excludes shall not include information that is, as evidenced by competent records provided by the receiving Party, known to the receiving party or lawfully in the public domain, lawfully in the same form as disclosed hereunderherein, disclosed to or known by the receiving Party without restriction by a third party having restriction, generally known in the right relevant trade or industry prior to disclose itdisclosure hereunder, or developed by the receiving Party independently without use of or reference to the disclosing Party’s Proprietary Information and Materials.

CONFIDENTIAL, PROPRIETARY, AND TRADE SECRET INFORMATION AND MATERIALS. a. Buyer and Seller shall each keep confidential and protect from unauthorized use and disclosure all (i) confidential, proprietary and/or trade secret information; including Buyer-provided specifications and Buyer-provided information of a Party or third party disclosed by a Partypertaining to qualification, certification, manufacturing, and/or quality testing and procedures; (ii) tangible items and software provided under this Contract in source code form containing, conveying or identified as subject to this Articleembodying such information; and (iii) tooling identified as being subject to this Article: in each case Article that is obtained, directly or indirectly, from the other in connection with this Contract or Buyerother agreement, including Xxxxx’s contract with its customer, if any, (collectively referred to as "Proprietary Information and Materials"). Proprietary Information and Materials excludes shall not include information that is, as evidenced by competent records provided by the receiving Party, known to the receiving party or lawfully in the public domain, in the same form as disclosed hereunder, lawfully disclosed to or known by the receiving Party without restriction by a third party having restriction, generally known in the right relevant trade or industry prior to disclose itdisclosure hereunder, or developed by the receiving Party independently without use of or reference to the disclosing Party’s Proprietary Information and Materials.

CONFIDENTIAL, PROPRIETARY, AND TRADE SECRET INFORMATION AND MATERIALS. a. Buyer and Seller shall each keep confidential and protect from unauthorized use and disclosure all (i) confidential, proprietary and/or trade secret information, including Buyer-provided specifications and Buyer-provided information of a Party or third party disclosed by a Partypertaining to qualification, certification, manufacturing, and/or quality testing and procedures; (ii) tangible items and software provided under this Contract in source code form containing, conveying or identified as subject to this Articleembodying such information; and (iii) tooling identified as being subject to this Article: in each case Article that is obtained, directly or indirectly, from the other in connection with this Contract or other agreement, including Buyer’s contract with its customer, if any, (collectively referred to as "Proprietary Information and Materials"). Proprietary Information and Materials excludes shall not include information that is, as evidenced by competent records provided by the receiving Party, known to the receiving party or lawfully in the public domain, in the same form as disclosed hereunder, lawfully disclosed to or known by the receiving Party without restriction by a third party having restriction, generally known in the right relevant trade or industry prior to disclose itdisclosure hereunder, or developed by the receiving Party independently without use of or reference to the disclosing Party’s Proprietary Information and Materials.

CONFIDENTIAL, PROPRIETARY, AND TRADE SECRET INFORMATION AND MATERIALS. a. Buyer and Seller shall each keep confidential and protect from unauthorized use and disclosure all (i) confidential, proprietary proprietary, and/or trade secret information of a Party or third party information authorized to be disclosed by a Party, including without limitation specifications and information pertaining to qualification, certification, manufacturing, and/or quality testing and procedures; (ii) software provided under this Contract in source code form containing, conveying, or identified as subject to this Articleembodying such information; and (iii) tooling identified as subject to this Article: in each case that is obtained, directly or indirectly, from the other in connection with this Contract or Buyerother agreement, including Xxxxx’s contract with its customer, if any, (collectively referred to as "Proprietary Information and Materials"). Proprietary Information and Materials excludes shall not include information that is, as evidenced by competent records provided by the receiving Party, known to the receiving party or lawfully in the public domain, domain in the same form as disclosed hereunderherein, lawfully disclosed to or known by the receiving Party without restriction by a third party having restriction, generally known in the right relevant trade or industry prior to disclose itdisclosure hereunder, or developed by the receiving Party independently without use of or reference to the disclosing Party’s Proprietary Information and Materials.

CONFIDENTIAL, PROPRIETARY, AND TRADE SECRET INFORMATION AND MATERIALS. a. Buyer and Seller shall each keep confidential and protect from unauthorized use and disclosure all (i) confidential, proprietary proprietary, and/or trade secret information, including Buyer-provided specifications and Buyer-provided information of a Party or third party disclosed by a Partypertaining to qualification, certification, manufacturing, and/or quality testing and procedures; (ii) tangible items and software provided under this Contract in source code form containing, conveying, or identified as subject to this Articleembodying such information; and (iii) tooling identified as being subject to this Article: in each case Article that is obtained, directly or indirectly, from the other in connection with this Contract or Buyerother agreement, including Xxxxx’s contract with its customer, if any, (collectively referred to as "Proprietary Information and Materials"). Proprietary Information and Materials excludes shall not include information that is, as evidenced by competent records provided by the receiving Party, known to the receiving party or lawfully in the public domain, in the same form as disclosed hereunder, lawfully disclosed to or known by the receiving Party without restriction by a third party having restriction, generally known in the right relevant trade or industry prior to disclose itdisclosure hereunder, or developed by the receiving Party independently without use of or reference to the disclosing Party’s Proprietary Information and Materials.

CONFIDENTIAL, PROPRIETARY, AND TRADE SECRET INFORMATION AND MATERIALS. a. Buyer and Seller shall each keep confidential and protect from unauthorized use and disclosure all (i) confidential, proprietary and/or trade secret information of a Party or third party information authorized to be disclosed by a Party, including without limitation specifications and information pertaining to qualification, certification, manufacturing, and/or quality testing and procedures; (ii) software provided under this Contract in source code form containing, conveying or identified as subject to this Articleembodying such information; and (iii) tooling identified as subject to this Article: in each case that is obtained, directly or indirectly, from the other in connection with this Contract or other agreement, including Buyer’s contract with its customer, if any, (collectively referred to as "Proprietary Information and Materials"). Proprietary Information and Materials excludes shall not include information that is, as evidenced by competent records provided by the receiving Party, known to the receiving party or lawfully in the public domain, domain in the same form as disclosed hereunderherein, lawfully disclosed to or known by the receiving Party without restriction by a third party having restriction, generally known in the right relevant trade or industry prior to disclose itdisclosure hereunder, or developed by the receiving Party independently without use of or reference to the disclosing Party’s Proprietary Information and Materials.

CONFIDENTIAL, PROPRIETARY, AND TRADE SECRET INFORMATION AND MATERIALS. a. Buyer and Seller shall each keep confidential and protect from unauthorized use and disclosure all (i) confidential, proprietary and/or trade secret information of a Party or third party disclosed by a Party; (ii) software provided under this Contract in source code form sourcecodeform or identified as subject to this Article; and (iii) tooling identified as subject to this Article: in each case that is obtained, directly or indirectly, from the other in connection with this Contract or Buyer’s contract with its customer, if any, (collectively referred to as "Proprietary Information and Materials"). Proprietary Information and Materials excludes information that is, as evidenced by competent records provided by the receiving Party, known to the receiving party or lawfully in the public domain, in the same form as disclosed hereunder, disclosed to the receiving Party without restriction by a third party having the right to disclose it, or developed by the receiving Party independently without use of or reference to the disclosing Party’s Proprietary Information and Materials.

CONFIDENTIAL, PROPRIETARY, AND TRADE SECRET INFORMATION AND MATERIALS. a. Buyer and Seller shall each keep confidential and protect from unauthorized use and disclosure all (i) confidential, proprietary and/or trade secret information of a Party or third party information authorized to be disclosed by a Party, including without limitation specifications and information pertaining to qualification, certification, manufacturing, and/or quality testing and procedures; (ii) software provided under this Contract in source code form containing, conveying or identified as subject to this Articleembodying such information; and (iii) tooling identified as subject to this Article: in each case that is obtained, directly or indirectly, from the other in connection with this Contract PO or Buyerother agreement, including Xxxxx’s contract PO with its customer, if any, (collectively referred to as "Proprietary Information and Materials"). Proprietary Information and Materials excludes shall not include information that is, as evidenced by competent records provided by the receiving Party, known to the receiving party or lawfully in the public domain, domain in the same form as disclosed hereunderherein, lawfully disclosed to or known by the receiving Party without restriction by a third party having restriction, generally known in the right relevant trade or industry prior to disclose itdisclosure hereunder, or developed by the receiving Party independently without use of or reference to the disclosing Party’s Proprietary Information and Materials.

CONFIDENTIAL, PROPRIETARY, AND TRADE SECRET INFORMATION AND MATERIALS. a. Buyer and Seller shall each keep confidential and protect from unauthorized use and disclosure all (i) confidential, proprietary and/or trade secret information of a Party or third party information authorized to be disclosed by a Party, including specifications and information pertaining to qualification, certification, manufacturing, and/or quality testing and procedures; (ii) software provided under this Contract in source code form containing, conveying or identified as subject to this Articleembodying such information; and (iii) tooling identified as subject to this Article: in each case that is obtained, directly or indirectly, from the other in connection with this Contract PO or Buyerother agreement, including Xxxxx’s contract PO with its customer, if any, (collectively referred to as "Proprietary Information and Materials"). Proprietary Information and Materials excludes shall not include information that is, as evidenced by competent records provided by the receiving Party, known to the receiving party or lawfully in the public domain, lawfully in the same form as disclosed hereunderherein, disclosed to or known by the receiving Party without restriction by a third party having restriction, generally known in the right relevant trade or industry prior to disclose itdisclosure hereunder, or developed by the receiving Party independently without use of or reference to the disclosing Party’s Proprietary Information and Materials.