Common use of Data Protection and Confidentiality Clause in Contracts

Data Protection and Confidentiality. Each party shall comply with applicable data protection laws and regulations. XXX will only capture and save information about You as required to administer this Agreement. All information captured and stored will be treated in accordance with SAP’s privacy statement which may be viewed at xxxxx://xxx.xxx.xxx/about/legal/privacy.html. Except for data SAP has captured and saved in accordance with the terms of this Section, SAP is not responsible for any data produced, used or inserted by You while using the SAP Software under this Agreement. In the event You are provided or granted access to confidential information of SAP in connection with the performance of this Agreement which information is expressly identified or reasonably identifiable as confidential or proprietary based on the circumstances of its disclosure ("SAP Confidential Information"), You shall use such SAP Confidential Information only to perform under this Agreement. SAP Confidential Information shall include, but are not limited to, any source code to the SAP Software, SAP programming techniques and concepts, processing methods, system designs, inventions, flow charts, product specifications, benchmark results, data structures, file formats and application programming interface specifications that relate to the SAP Software. The foregoing obligation shall not apply to the extent that You show that the information (i) was public knowledge at the time it was disclosed and had not become public knowledge through an act or omission by You or Your employee or agent in breach of contract, (ii) was in the possession of or known to You before You received it from SAP, (iii) had been lawfully disclosed to You by another person entitled to do so, or (iv) had been independently developed by You without reference to SAP’s information.

Appears in 1 contract

Samples: Software License Agreement

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Data Protection and Confidentiality. Each party shall comply with applicable data protection laws and regulations. XXX SAP will only capture and save information about You as required to provide You with remote access to the SAP Software during the Term and to administer this Developer Agreement. All information captured we capture and stored store will be treated in accordance with SAP’s privacy statement which may be viewed at xxxxx://xxx.xxx.xxx/about/legal/privacy.htmlxxxx://xxx.xxx.xxx/corporate-en/our-company/legal/privacy.epx. Except for data SAP has captured and saved in accordance with the terms of this Section, SAP is not responsible for any data produced, used or inserted by You while using the SAP Software under this Developer Agreement. In the event You are provided or granted access to confidential information of SAP in connection with the performance of this Developer Agreement which information is expressly identified or reasonably identifiable as confidential or proprietary based on the circumstances of its disclosure ("SAP Confidential Information"), You shall use such SAP Confidential Information only to perform under this Developer Agreement. SAP SAP’s Confidential Information shall include, but are not limited to, any source code to the SAP SoftwareSoftware , SAP programming techniques and concepts, processing methods, system designs, inventions, , flow charts, documentation, product specifications, benchmark results, data structures, file formats and application programming interface specifications that relate to the SAP SoftwareSoftware or the SAP materials, and any access credentials used to access the SAP systems, including, but not limited to password or account information. The foregoing obligation shall not apply to the extent that You show that the information (i) was public knowledge at the time it was disclosed to SAP and had not become public knowledge through an act or omission by You or Your employee or agent in breach of contract, or (ii) was in the possession of or known to You before You received it from SAP, or (iii) had been lawfully disclosed to You by another person entitled to do so, or (iv) had been independently developed by You without reference to SAP’s information. Confidential Information may be provided to third parties only upon prior written consent SAP. These third parties must be subject to a written non-disclosure obligation. The term “third party“ as used in this Section only, does not apply to Your employees and subcontractors whose performance under this Developer Agreement reasonably requires access to such Confidential Information and who have executed a corresponding non-disclosure agreement.

Appears in 1 contract

Samples: Master Software Developer License Agreement

Data Protection and Confidentiality. a) Each party shall comply with the applicable data protection laws and regulations. XXX will only capture . b) Each party agrees, on its own behalf and save information about You as required on behalf of any agents it utilizes to administer this Agreement. All information captured and stored will be treated in accordance with SAP’s privacy statement which may be viewed at xxxxx://xxx.xxx.xxx/about/legal/privacy.html. Except for data SAP has captured and saved in accordance with the terms of this Section, SAP is not responsible for any data produced, used or inserted by You while using the SAP Software perform its responsibilities under this Agreement. In , that the event You are provided materials, information, and know-how (in any format) which the other party or granted access to confidential information of SAP in connection with the performance of this Agreement which information is expressly identified or reasonably identifiable as confidential or proprietary based on the circumstances of its disclosure affiliates ("SAP Disclosing Party") provides to such party or its affiliates ("Receiving Party") or to which Receiving Party gains access in the course of performing its responsibilities hereunder (collectively, "Confidential Information"), You are, as between the parties, the property of the Disclosing Party. Receiving Party shall use such SAP Confidential Information hold said materials and information in trust and confidence using the same degree of care as it uses to avoid unauthorized use, disclosure, or dissemination of its own confidential information of a similar nature, but not less than reasonable care. Said information and materials shall be used by Receiving Party only to perform within the scope of its rights and responsibilities under this Agreement, shall not be disclosed to employees of the Receiving Party who do not have a need for access to same, and shall not be disclosed to third parties by Receiving Party without Disclosing Party’s prior written approval. SAP Credit Union agrees that Institute may provide access to Credit Union’s Confidential Information shall include, but are not limited to, any source code to Institute’s consultants and contractors to the SAP Software, SAP programming techniques extent that such disclosure is necessary in order for such third parties to perform the services for which they have been retained by Institute and concepts, processing methods, system designs, inventions, flow charts, product specifications, benchmark results, data structures, file formats and application programming interface specifications provided that relate such third parties have executed a non-disclosure agreement prior to the SAP Software. any such access with restrictions at least as strict as those contained in this Agreement. c) The foregoing obligation confidentiality obligations set forth in this Section shall not apply to the extent that You show that the information and materials: (i) was public knowledge at the time it was disclosed and had not that are or subsequently become public knowledge through an act or omission by You or Your employee or agent in publicly available without Receiving Party’s breach of contract, any duties it owes to Disclosing Party (provided that this exclusion does not apply to "Customer Information" as defined herein); or (ii) was in the possession of or known to You before You received it from SAP, Receiving Party prior to Disclosing Party’s disclosure; or (iii) had been lawfully disclosed became known to You Receiving Party from a source other than Disclosing Party, other than by another person entitled the breach of an obligation of confidentiality owed to do so, Disclosing Party; or (iv) had been is independently developed by You Receiving Party. In addition, the Receiving Party may disclose Confidential Information as required to comply with lawful requests or binding orders of regulators or other governmental entities that have jurisdiction over it; provided that the Receiving Party (a) gives the Disclosing Party reasonable written notice to allow the Disclosing Party to seek a protective order or other appropriate remedy, and (b) discloses only such Confidential Information as is required by the governmental entity, and (c) uses commercially reasonable efforts to obtain confidential treatment for any Confidential Information so disclosed. d) Upon the request of Institute at any point during the term of this Agreement, but in any event upon termination of this Agreement, Credit Union shall surrender to Institute within five business days (or such other time frame which the parties agree to in writing) all Confidential Information and all copies and summaries of the same, in a useable format as agreed upon by the parties. Credit Union shall comply with said request without reference regard to SAPany disputes then existing between the parties. Notwithstanding the foregoing, each party may retain such Confidential Information of the other party to the extent necessary to comply with applicable laws and regulations or Recipient’s informationretention policy, provided that the confidentiality of such information shall be maintained until such Confidential Information is destroyed.

Appears in 1 contract

Samples: Prototype Test Participation Agreement

Data Protection and Confidentiality. Each party shall comply with applicable data protection laws and regulations. XXX SAP will only capture and save information about You as required to provide You with remote access to the SAP Software during the Term and to administer this Developer Agreement. All information captured we capture and stored store will be treated in accordance with SAP’s privacy statement which may be viewed at xxxxx://xxx.xxx.xxx/about/legal/privacy.htmlxxxx://xxx.xxx.xxx/corporate-en/our-company/legal/privacy.epx. Except for data SAP has captured and saved in accordance with the terms of this Section, SAP is not responsible for any data produced, used or inserted by You while using the SAP Software under this Developer Agreement. In the event You are provided or granted access to confidential information of SAP in connection with the performance of this Developer Agreement which information is expressly identified or reasonably identifiable as confidential or proprietary based on the circumstances of its disclosure ("SAP Confidential Information"), You shall use such SAP Confidential Information only to perform under this Developer Agreement. SAP SAP’s Confidential Information shall include, but are not limited to, any source code to the SAP Software, SAP programming techniques and concepts, processing methods, system designs, inventions, , flow charts, documentation, product specifications, benchmark results, data structures, file formats and application programming interface specifications that relate to the SAP SoftwareSoftware or the SAP materials, and any access credentials used to access the SAP systems, including, but not limited to password or account information. The foregoing obligation shall not apply to the extent that You show that the information (i) was public knowledge at the time it was disclosed to SAP and had not become public knowledge through an act or omission by You or Your employee or agent in breach of contract, or (ii) was in the possession of or known to You before You received it from SAP, or (iii) had been lawfully disclosed to You by another person entitled to do so, or (iv) had been independently developed by You without reference to SAP’s information. Confidential Information may be provided to third parties only upon prior written consent SAP. These third parties must be subject to a written non-disclosure obligation. The term “third party“ as used in this Section only, does not apply to Your employees and subcontractors whose performance under this Developer Agreement reasonably requires access to such Confidential Information and who have executed a corresponding non-disclosure agreement.

Appears in 1 contract

Samples: Master Software Developer License Agreement

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Data Protection and Confidentiality. Each party shall comply with applicable data protection laws and regulations. XXX SAP will only capture and save information about You as required to provide You with remote access to the SAP Software during the Term and to administer this Developer Agreement. All information captured we capture and stored store will be treated in accordance with SAP’s privacy statement which may be viewed at xxxxx://xxx.xxx.xxx/about/legal/privacy.htmlxxxx://xxx.xxx.xxx/corporate-en/our-company/legal/privacy.epx. Except for data SAP has captured and saved in accordance with the terms of this Section, SAP is not responsible for any data produced, used or inserted by You while using the SAP Software under this Developer Agreement. The SAP Software contains functionality that provides SAP with information about your installation and use of this software. This functionality, sometimes referred to as telemetry, does not provide SAP with personally identifiable information. It provides SAP with system, performance, feature usage, and error code information. SAP uses this information to gain insight into how the SAP Software is used by the community of users, not for any specific installation. SAP analyzes the information it receives to monitor the aggregate product performance and to look for ways to improve future versions of the SAP Software. This functionality is turned on by default. For more information on this feature, including information about how to turn it off, please refer to documentation at: xxxx://xx.xxx.xxx/developer/topics/sap-hana-express.html. In the event You are provided or granted access to confidential information of SAP in connection with the performance of this Developer Agreement which information is expressly identified or reasonably identifiable as confidential or proprietary based on the circumstances of its disclosure ("SAP Confidential Information"), You shall use such SAP Confidential Information only to perform under this Developer Agreement. SAP SAP’s Confidential Information shall include, but are not limited to, any source code to the SAP Software, SAP programming techniques and concepts, processing methods, system designs, inventions, flow charts, documentation, product specifications, benchmark results, data structures, file formats and application programming interface specifications that relate to the SAP SoftwareSoftware or the SAP materials, and any access credentials used to access the SAP systems, including, but not limited to password or account information. The foregoing obligation shall not apply to the extent that You show that the information (i) was public knowledge at the time it was disclosed to SAP and had not become public knowledge through an act or omission by You or Your employee or agent in breach of contract, or (ii) was in the possession of or known to You before You received it from SAP, or (iii) had been lawfully disclosed to You by another person entitled to do so, or (iv) had been independently developed by You without reference to SAP’s information. Confidential Information may be provided to third parties only upon prior written consent SAP. These third parties must be subject to a written non-disclosure obligation. The term “third party“ as used in this Section only, does not apply to Your employees and subcontractors whose performance under this Developer Agreement reasonably requires access to such Confidential Information and who have executed a corresponding non-disclosure agreement.

Appears in 1 contract

Samples: Master Software Developer License Agreement

Data Protection and Confidentiality. Each party shall comply with applicable data protection laws and regulations. XXX SAP will only capture and save information about You as required to provide You with remote access to the SAP Software during the Term and to administer this Developer Agreement. All information captured we capture and stored store will be treated in accordance with SAP’s privacy statement which may be viewed at xxxxx://xxx.xxx.xxx/about/legal/privacy.htmlxxxx://xxx.xxx.xxx/corporate-en/our-company/legal/privacy.epx. Except for data SAP has captured and saved in accordance with the terms of this Section, SAP is not responsible for any data produced, used or inserted by You while using the SAP Software under this Developer Agreement. In the event You are provided or granted access to confidential information of SAP in connection with the performance of this Developer Agreement which information is expressly identified or reasonably identifiable as confidential or proprietary based on the circumstances of its disclosure ("SAP Confidential Information"), You shall use such SAP Confidential Information only to perform under this Developer Agreement. SAP SAP’s Confidential Information shall include, but are not limited to, any source code to the SAP Software, SAP programming techniques and concepts, processing methods, system designs, inventions, flow charts, documentation, product specifications, benchmark results, data structures, file formats and application programming interface specifications that relate to the SAP SoftwareSoftware or the SAP materials, and any access credentials used to access the SAP systems, including, but not limited to password or account information. The foregoing obligation shall not apply to the extent that You show that the information (i) was public knowledge at the time it was disclosed to SAP and had not become public knowledge through an act or omission by You or Your employee or agent in breach of contract, or (ii) was in the possession of or known to You before You received it from SAP, or (iii) had been lawfully disclosed to You by another person entitled to do so, or (iv) had been independently developed by You without reference to SAP’s information. Confidential Information may be provided to third parties only upon prior written consent SAP. These third parties must be subject to a written non-disclosure obligation. The term “third party“ as used in this Section only, does not apply to Your employees and subcontractors whose performance under this Developer Agreement reasonably requires access to such Confidential Information and who have executed a corresponding non-disclosure agreement.

Appears in 1 contract

Samples: Master Software Developer License Agreement

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