Common use of Confidentiality and Ownership of Proprietary Information Clause in Contracts

Confidentiality and Ownership of Proprietary Information. Notwithstanding anything to the contrary set forth herein, BIOCRYST and RECIPIENT agree to maintain the confidentiality of all of the other party's Confidential Information, provided or generated in connection with this MTA and each party will promptly return to the other party all copies of written materials, whether secret or otherwise, which have been so provided or generated except for one archive copy. BIOCRYST and RECIPIENT further agree that they will not use such information or disclose it to third parties, except within the scope of this MTA. Upon termination of this MTA, this obligation will continue for a period of five (5) years from the date of termination. For the purposes of this MTA, Confidential Information shall mean all nonpublic, proprietary or otherwise confidential information, now owned, licensed or controlled or hereafter acquired, developed, owned, licensed or controlled by a disclosing party during the term of this MTA and which is disclosed in writing or (if disclosed orally) confirmed in writing and marked "Confidential". Confidential Information may include, but is not limited to: (i) chemical compounds; (ii) Technology; and (iii) the existence and details of this MTA. Ownership of all Technology and related intellectual property rights created under this MFA shall be governed by the Terms of the Agreement. Information will not be considered Confidential Information hereunder that: a. is publicly known when disclosed by the disclosing party; b. later becomes publicly known without fault of the receiving party; c. is known by the receiving party before disclosure by the disclosing party d. is independently discovered by the receiving party without use of the confidential information; or e. is required to be disclosed by court order or regulation. 5. 00 Warranty -------- 5.01 BIOCRYST warrants to RECIPIENT that it has the lawful right to transfer samples of Compound. 5.02 Nothing in this MTA: a. is a warranty or representation that anything made, used, sold, or offered for sale under any license from BIOCRYST is or win be free from infringement of patents of third parties; b. is an obligation to bring or prosecute actions or suits against third parties for patent infringement.

Confidentiality and Ownership of Proprietary Information. Notwithstanding anything to the contrary set forth herein, BIOCRYST 3DP and RECIPIENT agree to maintain the confidentiality of all of the other party's Confidential Information, provided or generated in connection with this MTA and each party will promptly return to the other party all copies of written materials, whether secret or otherwise, which have been so provided or generated except for one archive copy. BIOCRYST 3DP and RECIPIENT further agree that they will not use such information or disclose it to third parties, except within the scope of this MTA. Upon termination of this MTA, this obligation will continue for a period of five (5) years from the date of termination. For the purposes of this MTA, Confidential Information shall mean all nonpublic, proprietary or otherwise confidential information, now owned, licensed or controlled or hereafter acquired, developed, owned, licensed or controlled by a disclosing party during the term of this MTA and which is disclosed in writing or (if disclosed orally) confirmed in writing and marked "Confidential". Confidential Information may include, but is not limited to: (i) chemical compounds; (ii) Technology; and (iii) the existence and details of this MTA. Ownership of all Technology and related intellectual property rights created under this MFA MTA shall be governed by the Terms of the Agreement. Information will not be considered Confidential Information hereunder that: a. is publicly known when disclosed by the disclosing party; b. later becomes publicly known without fault of the receiving party; c. is known by the receiving party before disclosure by the disclosing party d. is independently discovered by the receiving party without use of the confidential information; or e. is required to be disclosed by court order or regulation. 5. 00 Warranty -------- 5.01 BIOCRYST warrants to RECIPIENT that it has the lawful right to transfer samples of Compound. 5.02 Nothing in this MTA: a. is a warranty or representation that anything made, used, sold, or offered for sale under any license from BIOCRYST is or win be free from infringement of patents of third parties; b. is an obligation to bring or prosecute actions or suits against third parties for patent infringement.