Common use of Confidentiality and Non Disclosure of Information Clause in Contracts

Confidentiality and Non Disclosure of Information. 8.1 The Parties to this MoU agree that in general, there is no intention to share any confidential information or proprietary information in any collaboration under this MoU. At the same time, all information and documents to be exchanged pursuant to this MoU will be kept confidential by the parties and will be used subject to such terms as each party may specify. The parties will not use the information for purpose other than that specified without the prior written consent of the other party. 8.2 It is further agreed that in the event of any need to share or disclose any such information for the purpose of implementation of the programmes under this MoU, all such information shall remain the exclusive property of the disclosing party. The parties agree that this agreement and the disclosure of the Confidential Information do not grant or imply any license, interest or right to the Recipient in respect of any intellectual property right of the other party. 8.3 Unpublished information, whether oral, in writing or otherwise, discovered or conceived by the scientists or technicians and exchanged under the provision of this MoU will not be transmitted to any third party, unless otherwise agreed to by the parties in writing and unless due approval of the competent authority in AMD is specifically conveyed in writing. 8.4 The provisions of this clause shall continue to be in force even after expiry or termination of this MoU, except to the extent of information as may be brought in the public domain by way of lawful publication of research results, etc. 8.5 Any contravention of the “Restricted information” categories under Section 18 of the Atomic Energy Act, 1962 and “Official Secrets” under Section 5 of the Official Secrets Act, 1923 and rules made thereunder by the students / scholars and employees of the Parties or by any contractor, sub-contractor, consultant, advisor or the employees of the contractor/Agency will invite penal consequences under the aforesaid legislations. This clause shall also mutatis mutandis apply to the scholars, students, contractors, sub-contractors, consultants, advisors etc. of the University and the university shall be vicariously liable for any breach of this condition by any of these functionaries, in addition to these functionaries being individually liable for such breach.