Definitions; Exclusions. As used in this Agreement, the term “Confidential Information” means any and all proprietary non-public information, knowledge, data, and all other content and materials belonging to either party hereto and disclosed or provided to the other party either directly or indirectly in any manner whatsoever (including, without limitation, in writing, orally, electronically, in all types of hard drives, disks, diskettes, computer memory or storage, or other media, or by drawings or inspection of physical items, and whether or not modified or merged into other materials), in connection with either party’s business or this Agreement, including, without limitation, any non-public information related to any of the following: (a) technical, business, financial and marketing information, including, without limitation, trade secrets, patents, patent applications, copyrights, know-how, processes, ideas, inventions (whether patentable or not), formulas, computer programs, software, firmware, databases, technical drawings, designs, algorithms, technology, circuits, layouts, interfaces, materials, schematics, names and expertise of employees and consultants, any other technical, business, financial, customer and product development plans, supplier information, forecasts, strategies and other confidential information;
Definitions; Exclusions. In this Section (Confidential Information), “Discloser” means the party that discloses Confidential Information (defined below), and “Recipient” means the party that receives it. “Confidential Information” means any business, technical, financial, or other information, however conveyed or presented to the Recipient, that is clearly designated by the Discloser as being confidential or that ought reasonably to be considered confidential by the Recipient, including all information derived by the Recipient from any such information. Confidential Information does not include any information that: (i) is Personal Data and Excluded Data, which are subject to Section 5 (Data and Privacy); (ii) is expressly excluded from the definition of Confidential Information in Special Terms and Conditions; (iii) was lawfully known by Recipient prior to disclosure; (iv) was lawfully in the public domain prior to its disclosure, or becomes publicly available other than through a breach of the Agreement; (v) was disclosed to Recipient by a third party without a duty of confidentiality to the Discloser; or (vi) is independently developed by Recipient without reference to Discloser’s Confidential Information.
Definitions; Exclusions. In this Section (Confidential Information), “Discloser” means the party that discloses Confidential Information (defined below), and “Recipient” means the party that receives it. “Confidential Information” means any business, technical, financial, or other information, however conveyed or presented to the Recipient, that is clearly designated by the Discloser as being confidential or that ought reasonably to be considered confidential by the Recipient, including all information derived by the Recipient from any such information. Entrust’s Confidential Information shall include the API (including, without limitation, all improvement, derivatives, modifications and the like). Confidential Information does not include any information that: (i) was lawfully known by Recipient prior to disclosure; (ii) was lawfully in the public domain prior to its disclosure, or becomes publicly available other than through a breach of the License; (iii) was disclosed to Recipient by a third party without a duty of confidentiality to the Discloser; or (iv) is independently developed by Recipient without reference to Discloser’s Confidential Information.
Definitions; Exclusions. In this Section (Confidential Information), “Discloser” means the party that discloses Confidential Information (defined below), and “Recipient” means the party that receives it. “Confidential Information” means any business, technical, financial, or other information, however conveyed or presented to the Recipient, that is clearly designated by the Discloser as being confidential or that ought reasonably to be considered confidential by the Recipient, including all information derived by the Recipient from any such information. Confidential Information does not include any information that:
Definitions; Exclusions. For purposes of the exclusive remedies and limitations of liability set forth in this Section 5, Cellebrite shall be deemed to include its Affiliates and its and their directors, officers, employees, agents, representatives, shareholders, subcontractors and suppliers; and “damages” shall be deemed to refer collectively to all injury, damage, loss or expense incurred. This Section 5 shall not apply to (a) personal injury or death resulting from Cellebrite’s negligence; (b) fraud committed by a Party; (c) any other matter for which liability cannot be excluded by Law; or (d) express remedies provided under the GSA Schedule 70 contract.
