Common use of Data and Confidentiality Clause in Contracts

Data and Confidentiality. 12.7.1 All Data is proprietary to and shall remain the property of Seller. All Data is disclosed to Purchaser in confidence, and shall neither (1) be used by Purchaser or be furnished by Purchaser to any other person, firm or corporation for the design or manufacture of any products, articles, compositions of matter, or processes, nor (2) be permitted out of Purchaser’s possession, or divulged to any other person or entity except the Representative and as otherwise agreed by Seller in writing, nor (3) be used in the creation, manufacture, development or derivation of any modifications, spare parts, design or configuration changes, or to obtain FAA or any other government or regulatory approval of any of the foregoing. If consent is given, in writing by Seller, for reproduction in whole or in part, any existing notice or legend shall appear in any such reproduction. Nothing in this Clause shall preclude Purchaser from using Data for the control, repair, operation, use, sale, leasing, overhaul or maintenance by Purchaser and the Representative of the Aircraft. Purchaser shall be responsible for and take all steps necessary to insure compliance by its employees and agents with this Clause. Nothing in this Agreement shall convey to Purchaser the right to use Data to create, manufacture, develop, or cause the reproduction of any aircraft, spare part, or part or component thereof, of a design identical or similar to that of the Aircraft, the Spares and the AFCS purchased under the Transaction Documents, or give to Purchaser a license under any patents or rights owned or controlled by Purchaser.