Common use of Information Defined Clause in Contracts

Information Defined. Each party acknowledges that, in the course of its performance under the Agreement, it will receive certain private and proprietary information from or about the other party or its affiliates, including but not limited to the terms of the Agreement to which this Nondisclosure Agreement is attached, technical, financial or business information and models, names of customers or partners, proposed business deals, reports, plans, market projections, software programs, data or any other private and proprietary information relating to the Agreement which may include certain trade secrets ("Information"). The term "Information" as used herein also includes: (i) the fact that the Information has been made available to or is being inspected or evaluated by such party; and (ii) any information, work papers, analyses, compilations, projections, studies, documents, terms, conditions, correspondence, facts or other materials derived or produced by such party or its representatives for the other party in connection with the Agreement. Any Information supplied by a party to the other party prior to the execution of this Agreement shall be subject to the same treatment as the Information made available after the execution of this Agreement.