Exceptions to Proprietary Information. As used herein, "Proprietary Information" does not include information:.
Exceptions to Proprietary Information. Notwithstanding the foregoing and except with respect to any Personal Information, I understand that Proprietary Information does not include information that (a) is or becomes generally available to the public other than by disclosure by me in violation of this Agreement and based on affirmative and authorized actions taken by the Company, (b) was within my possession without obligation of confidentiality prior to being furnished to me by the Company, as shown by written records, (c) becomes available to me on a non-confidential basis other than by any means in violation of this Agreement or any other duty owed to the Company by any person or entity, or (d) is independently developed by me without the use of Proprietary Information.
Exceptions to Proprietary Information. Proprietary Information shall not include information that:
Exceptions to Proprietary Information. The definition of Proprietary Information set forth in Section 2 above does not include any information, which (i) was publicly available at the time of disclosure; (ii) became publicly available through no act or failure to act on the part of Kolorfusion; (iii) was already in Kolorfusion's rightful possession prior to disclosure, as evidenced by Kolorfusion's written record, and which was not the subject of an earlier proprietary relationship with Polaris, its subsidiaries, affiliates or predecessors; (iv) was disclosed to Kolorfusion by a third party having no duty of confidentiality to Polaris or any other third party; or (v) is independently developed without using Polaris' Proprietary Information by persons who did not have access to Polaris' Proprietary Information.
Exceptions to Proprietary Information. Without granting any right or license, the Disclosing Party agrees that the obligations set forth in Section 14.2 (Confidentiality Obligation) above shall not apply to the extent that Proprietary Information includes information which the Receiving Party can document:
Exceptions to Proprietary Information. Notwithstanding the definition set forth in Section 6, Proprietary Information does not include information that I can show by competent proof: (a) was generally known to the relevant public at the time of disclosure, or became generally known after disclosure to me other than through disclosure, directly or indirectly, by Employee; (b) was lawfully received by me from a third party without breach of any confidentiality obligation; (c) was known to me prior to receipt from the Company or (d) was independently developed by me without breach of any obligation of confidentiality or non-use.
Exceptions to Proprietary Information. The term “Proprietary Information” set forth in paragraph 2 above does not include information that (a) becomes generally available to the public other than as a result of a disclosure by the receiving party or its Related Persons, (b) was available to the receiving party on a non-confidential basis prior to the date hereof or prior to its disclosure to the receiving party by the disclosing party or its Related Persons, (c) becomes available to the receiving party on a non-confidential basis from a source other than the disclosing party or any of its Related Persons, provided that such source is not, to the receiving party’s knowledge, bound by a confidentiality agreement with the disclosing party or any of its Related Persons, or (d) is independently developed by the receiving party without using the disclosing party’s Proprietary Information by persons who did not have access to the disclosing party’s Proprietary Information.
Exceptions to Proprietary Information. The definition of Proprietary Information set forth in Section 1 above does not include any information, which :
Exceptions to Proprietary Information. Proprietary information shall not include information which: (a) is or hereafter becomes publicly available other than as a result of a breach by the Parties (or a Party) of its obligations under this Agreement; or (b) is rightfully received by the Parties other than pursuant to this Agreement and the relationship between the parties from a third party without breach of (i) this Agreement or (ii) a confidential relationship with the other party to this Agreement, or (c) was, before the Parties commenced discussion concerning the Transaction, already lawfully in the receiving Party’s or their directors', officers' employees', consultants', or agents' possession as can be demonstrated by written records or other reasonable evidence.
