Common use of Exclusions from Nondisclosure Obligation Clause in Contracts

Exclusions from Nondisclosure Obligation. The nondisclosure and nonuse obligations in Section 10.1 shall not apply to any Confidential Information to the extent that the Receiving Party can establish by competent written proof that it: (a) at the time of disclosure is publicly known; (b) after disclosure, becomes publicly known by publication or otherwise, except by breach of this Agreement by such Party; (c) was in such Party’s possession prior to disclosure by the Disclosing Party hereunder without any obligation of confidentiality with respect to such information; (d) is received by such Party from a Third Party who has the lawful right to disclose the Confidential Information and who has not obtained the Confidential Information either directly or indirectly from the Disclosing Party; or (e) is independently developed by or for such Party without reference to Confidential Information of the Disclosing Party. Notwithstanding the foregoing: (i) the fact that certain technology becomes publicly known shall not release a Party from the obligation to keep confidential (and not use) the information that such technology is practiced (or not practiced) by the other Party; and (ii) the fact that individual features or combinations of features of a technology are or may become publicly known shall not be deemed to indicate that the overall combination is publicly known or disclosed and shall not allow the Party to whom individual features or combinations of features of a technology was disclosed under this Agreement to disclose (or practice) such individual features or combinations of features of a technology outside the scope of a license granted to such Party under this Agreement.

Exclusions from Nondisclosure Obligation. The nondisclosure and nonuse obligations in Section 10.1 shall 7.6 will not apply to any Confidential Information to the extent that the Receiving Party can establish by competent written proof that itthe confidential Information: (a) at the time of disclosure is publicly known; (b) after disclosure, becomes publicly known by publication or otherwise, except by breach of this Agreement by such the Receiving Party; (c) was in such the Receiving Party’s possession prior to disclosure by in documentary form at the Disclosing Party hereunder without any obligation time of confidentiality with respect to such informationdisclosure; (d) is was received by such the Receiving Party from a Third Party third party who has the lawful right to disclose the Confidential Information and who has will not have obtained the Confidential Information either directly or indirectly from the Disclosing Party; or (e) is independently developed by or for such the Receiving Party (i.e., without reference to or reliance on Confidential Information of the Disclosing Party). Notwithstanding the foregoing: (i) the fact that certain technology becomes publicly known shall will not release a Party from the obligation to keep confidential (and not use) the information that such technology is practiced (or not practiced) by the other Party; and (ii) the fact that individual features or combinations of features of a technology are or may become publicly known shall will not be deemed to indicate that the overall combination of features of a technology is publicly known or disclosed and shall will not allow the Party to whom individual features or combinations of features of a technology was disclosed under this Agreement to disclose (or practice) such individual features or combinations of features of a technology outside the scope of a license granted to such Party under this Agreement.

Exclusions from Nondisclosure Obligation. The nondisclosure and nonuse obligations in Section 10.1 6 1 shall not apply to any Confidential Information to the extent that the Receiving receiving Party can establish by competent written proof that it: (a) at the time of disclosure is publicly known; (b) after disclosure, becomes publicly known by publication or otherwise, except by breach of this Agreement by such Party; (c) was in such Party’s possession prior to in documentary form at the time of disclosure by the Disclosing Party hereunder without any obligation of confidentiality with respect to such informationhereunder; (d) is received by such Party from a Third Party who has the lawful right to disclose the Confidential Information and who has shall not have obtained the Confidential Information either directly or indirectly from the Disclosing disclosing Party; or (e) is independently developed by or for such Party (i.e., without reference to Confidential Information of the Disclosing disclosing Party). Notwithstanding the foregoing: (i) the fact that certain technology becomes publicly known shall not release a Party from the obligation to keep confidential (and not use) the information that such technology is practiced (or not practiced) by the other Party; and (ii) the fact that individual features or combinations of features of a technology are or may become publicly known shall not be deemed to indicate that the overall combination is publicly known or disclosed and shall not allow the Party to whom individual features or combinations of features of a technology was disclosed under this Agreement to disclose (or practice) such individual features or combinations of features of a technology outside the scope of a license granted to such Party under this Agreement.

Exclusions from Nondisclosure Obligation. The nondisclosure and nonuse obligations in Section 10.1 6.1 shall not apply to any Confidential Information to the extent that the Receiving receiving Party can establish by competent written proof that it: (a) at the time of disclosure is publicly known; (b) after disclosure, becomes publicly known by publication or otherwise, except by breach of this Agreement by such Party; (c) was in such Party’s possession prior to in documentary form at the time of disclosure by the Disclosing Party hereunder without any obligation of confidentiality with respect to such informationhereunder; (d) is received by such Party from a Third Party who has the lawful right to disclose the Confidential Information and who has shall not have obtained the Confidential Information either directly or indirectly from the Disclosing disclosing Party; or (e) is independently developed by or for such Party (i.e., without reference to Confidential Information of the Disclosing disclosing Party). Notwithstanding the foregoing: (i) the fact that certain technology becomes publicly known shall not release a Party from the obligation to keep confidential (and not use) the information that such technology is practiced (or not practiced) by the other Party; and (ii) the fact that individual features or combinations of features of a technology are or may become publicly known shall not be deemed to indicate that the overall combination is publicly known or disclosed and shall not allow the Party to whom individual features or combinations of features of a technology was disclosed under this Agreement to disclose (or practice) such individual features or combinations of features of a technology outside the scope of a license granted to such Party under this Agreement.

Exclusions from Nondisclosure Obligation. The nondisclosure and nonuse obligations in Section 10.1 7.1 shall not apply to any Confidential Information to the extent that the Receiving Party can establish by competent written proof that itthat: (a) at the time of disclosure is publicly known; (b) after disclosure, becomes publicly known by publication or otherwise, except by breach of this Agreement by such Receiving Party; (c) was in such Receiving Party’s possession in documentary form at the time of disclosure hereunder other than as a result of a prior to confidential disclosure by the Disclosing Party hereunder without any obligation or its Affiliate under the terms of confidentiality with respect to such informationthe Prior CDA or Prior MTA; (d) is was received by such Receiving Party from a Third Party who has had the lawful right to disclose the Confidential Information and who has shall not have obtained the Confidential Information either directly or indirectly from the Disclosing Party; or (e) is independently developed by or for such Receiving Party (i.e., without reference to or reliance on Confidential Information of the Disclosing Party). Notwithstanding the foregoing: (i) the fact that certain technology becomes publicly known shall not release a Party from the obligation to keep confidential (and not use) the information that such technology is practiced (or not practiced) by the other Party; and (ii) the fact that individual features or combinations of features of a technology are or may become publicly known shall not be deemed to indicate that the overall combination is publicly known or disclosed and shall not allow the Party to whom individual features or combinations of features of a technology was disclosed under this Agreement to disclose (or practice) such individual features or combinations of features of a technology outside the scope of a license granted to such Party under this Agreement.