Confidentiality; Reference. Each party acknowledges that in the course of performing under this Agreement, or in the course of discussing or negotiating future agreements between the parties, each party may learn confidential, trade secret, or proprietary information concerning the other party or third parties to whom the other party has an obligation of confidentiality (“Confidential Information”). Without limiting the foregoing, Advisory Board’s Confidential Information shall include, without limitation, the terms of this Agreement, financial information and employee information; information regarding Advisory Board products, marketing plans, business plans, customer names and lists, Services; reports generated by or for Advisory Board; the Materials, developments, improvements, know-how, code (object and source), programs, software architecture, technology and trade secrets. Without limiting the foregoing, Member’s Confidential Information shall include information regarding Member’s business and Member Data. Each party agrees that (a) it will use the other party’s Confidential Information only as may be necessary in the course of performing duties, receiving Services or exercising rights under this Agreement;
Confidentiality; Reference. Except as required by law or as reasonably necessary in the performance of the Services or as otherwise agreed to by Organization in the Order Form or in a separate writing, EAB will keep confidential any and all O-P Data. Notwithstanding the foregoing, Organization agrees that EAB shall not be obligated to maintain the confidentiality of O- P Data that is known to EAB prior to receiving the O-P Data from Organization or that becomes known (independently of disclosure by Organization) directly or indirectly from a source other than one having an obligation of confidentiality to Organization or that is independently developed by EAB. Organization agrees that EAB may collect aggregated statistical data regarding Organization’s use of the Services and provide such aggregated statistical data to third parties.
