Common use of Definition Exclusion Clause in Contracts

Definition Exclusion. Confidential Information shall exclude -------------------- information that: (a) was independently developed by the Receiving Party without any use of the Disclosing Party's Confidential Information or by the Receiving Party's employees or other agents (or independent contractors hired by the Receiving Party) who have not been exposed to the Disclosing Party's Confidential Information; (b) becomes known to the Receiving Party, without restriction, from a source other than the Disclosing Party without breach of this Agreement and that had a right to disclose it; (c) was in the public domain at the time it was disclosed or becomes in the public domain through no act or omission of the Receiving Party; or (d) was rightfully known to the Receiving Party, without restriction, at the time of disclosure.

Appears in 3 contracts

Samples: Software License Agreement (Annuncio Software Inc), Software License Agreement (Annuncio Software Inc), Software License Agreement (Nettaxi Inc)

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Definition Exclusion. Confidential Information shall exclude information -------------------- information that: (a) was independently developed by the Receiving Party without any use of the Disclosing Party's Confidential Information or by the Receiving Party's employees or other agents (or independent contractors hired by the Receiving Party) who have not been exposed to the Disclosing Party's Confidential Information; (b) becomes known to the Receiving Party, without restriction, from a source other than the Disclosing Party without breach of this Agreement and that had a right to disclose it; (c) was in the public domain at the time it was disclosed or becomes in the public domain through no act or omission of the Receiving Party; or (d) was rightfully known to the Receiving Party, without restriction, at the time of disclosure. These Exclusion shall not apply to the Confidential Information contained in the User Data.

Appears in 1 contract

Samples: Software Outsourcing Agreement (Annuncio Software Inc)

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Definition Exclusion. Confidential Information shall exclude information -------------------- information that: (a) was independently developed by the Receiving Party without any use of the Disclosing Party's Confidential Information or by the Receiving Party's employees or other agents (or independent contractors hired by the Receiving Party) who have not been exposed to the Disclosing Party's Confidential Information; (b) becomes known to the Receiving Party, without restriction, from a source other than the Disclosing Party without breach of this Agreement and that had a right to disclose it; (c) was in the public domain at the time it was disclosed or becomes in the public domain through no act or omission of the Receiving Party; , or (d) was rightfully known to the Receiving Party, without restriction, at the time of disclosure.

Appears in 1 contract

Samples: Software License Agreement (Annuncio Software Inc)

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