Common use of Information Protection Clause in Contracts

Information Protection. (a) Neither party hereto shall, without the prior written consent of the other party, publicly announce or otherwise disclose (except to the U.S. Government, when the Purchase Order references a U.S. Government contract or subcontract number), the existence or the terms of this Purchase Order, or release any publicity regarding this Purchase Order. Unless expressly agreed upon in writing by TI, nothing in this Purchase Order shall be construed as granting, conveying or conferring any rights to Seller, either express or implied, (i) in any TI Intellectual Property or rights; (ii) to use TI’s trademarks, trade names, name or logo on any marketing literature, websites, presentations, press releases or any other media form or in connection with any product, service or promotion; or (iii) to use TI as a reference account. This provision shall survive the expiration, termination or cancellation of this Purchase Order. (b) Any knowledge or information that Seller may disclose to TI shall not be deemed to be confidential information and shall be acquired by TI free from any restrictions as to use or disclosure thereof, unless TI shall have agreed to accept confidential information from Seller pursuant to a duly executed nondisclosure agreement defining TI’s obligations with respect to such information. Seller acknowledges and agrees that all TI and third party information received, observed or accessed by Seller or Seller's Personnel (as defined in 8(a) below) (whether from or through TI, its subsidiaries or contractor) in the performance of its obligations under the Purchase Order shall be TI’s confidential information (collectively, the “Confidential Information”). Seller shall not (i) use the Confidential Information for any purposes other than the purpose of performing its obligations under the Purchase Order or (ii) disclose the Confidential Information to any third party who do not need to know the information for the performance of its obligations under the Purchase Order and who do not have a legally binding non-use and confidentiality obligations with respect to the Confidential Information that are no less restrictive than the obligations set forth herein. Confidential Information shall not include any information that (A) was already known to Seller without a duty of confidentiality; (Bi) is or becomes a matter of public knowledge through no fault of the Seller; (C) is rightfully received by Seller from a third party without a duty of confidentiality or (D) is independently developed by Seller without any access to the Confidential Information. (c) Seller agrees that if it collects, processes and/or uses any information relating to an identified or identifiable natural person (“Personal Data”), it will do so in compliance with all applicable data protection or privacy laws and regulations, and that it will implement, maintain, and continuously control and update, technical, organizational and physical security measures to protect Personal Data as required thereunder, in particular against accidental, unauthorized or unlawful (i) destruction or loss, (ii) alteration and (iii) disclosure or access. Seller will keep all Personal Data confidential and will not, without TI’s prior written consent, use Personal Data for purposes other than performing services under this Purchase Order. Seller will not transfer Personal Data to any third party without TI’s prior written approval. Xxxxxx agrees to promptly notify TI in writing of any discovery of any breach or suspected breach of Personal Data or any loss or unauthorized use, disclosure, acquisition of or access to any Personal Data and/or TI’s business systems of which Seller becomes aware. (d) To the knowledge of Seller, (i) there has been no material security breach or other security compromise of or relating to Seller’s information technology and computer systems, networks, hardware, software, data, trade secrets, or equipment; and (ii) Seller is presently in compliance with all applicable laws, regulations, contractual obligations and internal policies relating to data privacy and security or Personal Data. Seller will, at the choice of TI, return to TI (in a standard format facilitating portability) and/or to securely delete/destroy all Personal Data, including all existing copies thereof, in accordance with TI’s instructions, within thirty (30) days upon TI’s request or upon termination of this Purchase Order, and to certify to TI in writing that it has done so. Seller will not be obliged to delete/destroy all copies of the Personal Data where a longer storage by Seller is required under applicable laws and regulations, in which case Seller shall inform TI accordingly, including about the legal grounds for, and the term of, any further storage.

Appears in 9 contracts

Samples: Terms and Conditions of Purchase, Terms and Conditions of Purchase, Terms and Conditions of Purchase

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Information Protection. (a) Neither party hereto shall, without the prior written consent of the other partyparty (which shall not be unreasonably withheld or delayed), publicly announce or otherwise disclose (except to the U.S. Government, when the Purchase Order references a U.S. Government contract or subcontract number), the existence or the terms of this Purchase Order, or release any publicity regarding this Purchase Order. Unless expressly agreed upon in writing by TI, nothing in this Purchase Order shall be construed as granting, conveying or conferring any rights to Seller, either express or implied, (ia) in any TI Intellectual Property intellectual property or rights; (iib) to use TI’s trademarks, trade names, name or logo on any marketing literature, websites, presentations, press releases or any other media form or in connection with any product, service or promotion; or (iiic) to use TI as a reference account. This provision shall survive the expiration, termination or cancellation of this Purchase Order. (b) Any knowledge or information that Seller may disclose to TI shall not be deemed to be confidential information and shall be acquired by TI free from any restrictions as to use or disclosure thereof, unless TI shall have agreed to accept confidential information from Seller pursuant to a duly executed nondisclosure agreement defining TI’s obligations with respect to such information. Seller acknowledges and agrees that all TI and third party information received, observed or accessed by Seller or Seller's Personnel (as defined in 8(a) below) (whether from or through TI, its subsidiaries or contractor) in the performance of its obligations under the Purchase Order shall be TI’s confidential information (collectively, the “Confidential Information”). Seller shall not (i) use the Confidential Information for any purposes other than the purpose of performing its obligations under the Purchase Order or (ii) disclose the Confidential Information to any third party who do not need to know the information for the performance of its obligations under the Purchase Order and who do not have a legally binding non-use and confidentiality obligations with respect to the Confidential Information that are no less restrictive than the obligations set forth herein. Confidential Information shall not include any information that (A) was already known to Seller without a duty of confidentiality; (Bi) is or becomes a matter of public knowledge through no fault of the Seller; (C) is rightfully received by Seller from a third party without a duty of confidentiality or (D) is independently developed by Seller without any access to the Confidential Information. (c) Seller agrees that if it collects, processes and/or uses any information relating to an identified or identifiable natural person (“Personal Data”), it will do so in compliance with all applicable data protection or privacy laws and regulations, and that it will implement, maintain, and continuously control and update, technical, organizational and physical security measures to protect Personal Data as required thereunder, in particular against accidental, unauthorized or unlawful (i) destruction or loss, (ii) alteration and (iii) disclosure or access. Seller will keep all Personal Data confidential and will not, without TI’s prior written consent, use Personal Data for purposes other than performing services under this Purchase Order. Seller will not transfer Personal Data to any third party without TI’s prior written approval. Xxxxxx agrees to promptly notify TI in writing of any discovery of any breach or suspected breach of Personal Data or any loss or unauthorized use, disclosure, acquisition of or access to any Personal Data and/or TI’s business systems of which Seller becomes aware. (d) To the knowledge of Seller, (i) there has been no material security breach or other security compromise of or relating to Seller’s information technology and computer systems, networks, hardware, software, data, trade secrets, or equipment; and (ii) Seller is presently in compliance with all applicable laws, regulations, contractual obligations and internal policies relating to data privacy and security or Personal Data. Seller will, at the choice of TI, return to TI (in a standard format facilitating portability) and/or to securely delete/destroy all Personal Data, including all existing copies thereof, in accordance with TI’s instructions, within thirty (30) days upon TI’s request or upon termination of this Purchase Order, and to certify to TI in writing that it has done so. Seller will not be obliged to delete/destroy all copies of the Personal Data where a longer storage by Seller is required under applicable laws and regulations, in which case Seller shall inform TI accordingly, including about the legal grounds for, and the term of, any further storage.

Appears in 7 contracts

Samples: Terms and Conditions of Purchase, Terms and Conditions of Purchase, Terms and Conditions of Purchase

Information Protection. (a) Neither party hereto shall, without the prior written consent of the other party, publicly announce or otherwise disclose (except to the U.S. Government, when the Purchase Order references a U.S. Government contract or subcontract number), the existence or the terms of this Purchase Order, or release any publicity regarding this Purchase Order. Unless expressly agreed upon in writing by TI, nothing in this Purchase Order shall be construed as granting, conveying or conferring any rights to Seller, either express or implied, (i) in any TI Intellectual Property or rights; (ii) to use TI’s trademarks, trade names, name or logo on any marketing literature, websites, presentations, press releases or any other media form or in connection with any product, service or promotion; or (iii) to use TI as a reference account. This provision shall survive the expiration, termination or cancellation of this Purchase Order. (b) Any knowledge or information that Seller may disclose to TI shall not be deemed to be confidential information and shall be acquired by TI free from any restrictions as to use or disclosure thereof, unless TI shall have agreed to accept confidential information from Seller pursuant to a duly executed nondisclosure agreement defining TI’s obligations with respect to such information. Seller acknowledges and agrees that all TI and third party information received, observed or accessed by Seller or Seller's Personnel (as defined in 8(a) below) (whether from or through TI, its subsidiaries or contractor) in the performance of its obligations under the Purchase Order shall be TI’s confidential information (collectively, the “Confidential Information”). Seller shall not (i) use the Confidential Information for any purposes other than the purpose of performing its obligations under the Purchase Order or (ii) disclose the Confidential Information to any third party who do not need to know the information for the performance of its obligations under the Purchase Order and who do not have a legally binding non-use and confidentiality obligations with respect to the Confidential Information that are no less restrictive than the obligations set forth herein. Confidential Information shall not include any information that (A) was already known to Seller without a duty of confidentiality; (BiB) is or becomes a matter of public knowledge through no fault of the Seller; (C) is rightfully received by Seller from a third party without a duty of confidentiality or (D) is independently developed by Seller without any access to the Confidential Information. (c) Seller agrees that if it collects, processes and/or uses any information relating to an identified or identifiable natural person (“Personal Data”), it will do so in compliance with all applicable data protection or privacy laws and regulations, and that it will implement, maintain, and continuously control and update, technical, organizational and physical security measures to protect Personal Data as required thereunder, in particular against accidental, unauthorized or unlawful (i) destruction or loss, (ii) alteration and (iii) disclosure or access. Seller will keep all Personal Data confidential and will not, without TI’s prior written consent, use Personal Data for purposes other than performing services under this Purchase Order. Seller will not transfer Personal Data to any third party without TI’s prior written approval. Xxxxxx agrees to promptly notify TI in writing of any discovery of any breach or suspected breach of Personal Data or any loss or unauthorized use, disclosure, acquisition of or access to any Personal Data and/or TI’s business systems of which Seller becomes aware. (d) To the knowledge of Seller, (i) there has been no material security breach or other security compromise of or relating to Seller’s information technology and computer systems, networks, hardware, software, data, trade secrets, or equipment; and (ii) Seller is presently in compliance with all applicable laws, regulations, contractual obligations and internal policies relating to data privacy and security or Personal Data. Seller will, at the choice of TI, return to TI (in a standard format facilitating portability) and/or to securely delete/destroy all Personal Data, including all existing copies thereof, in accordance with TI’s instructions, within thirty (30) days upon TI’s request or upon termination of this Purchase Order, and to certify to TI in writing that it has done so. Seller will not be obliged to delete/destroy all copies of the Personal Data where a longer storage by Seller is required under applicable laws and regulations, in which case Seller shall inform TI accordingly, including about the legal grounds for, and the term of, any further storage.

Appears in 2 contracts

Samples: Terms and Conditions of Purchase, Terms and Conditions of Purchase

Information Protection. (a) Neither party hereto shall, without the prior written consent of the other partyparty (which shall not be unreasonably withheld or delayed), publicly announce or otherwise disclose (except to the U.S. Government, when the Purchase Order references a U.S. Government contract or subcontract number), the existence or the terms of this Purchase Order, or any other information related thereto, or release any publicity regarding this Purchase Order. Unless expressly agreed upon in writing by TI, nothing in this Purchase Order shall be construed as granting, conveying or conferring any rights to Seller, either express or implied, (ia) in any TI Intellectual Property intellectual property or rights; (iib) to use TI’s trademarks, trade names, name or logo on any marketing literature, websites, presentations, press releases or any other media form or in connection with any product, service or promotion; or (iiic) to use TI as a reference account. This provision shall survive the expiration, termination or cancellation of this Purchase Order. (b) Any knowledge or information that Seller may disclose to TI shall not be deemed to be confidential information and shall be acquired by TI free from any restrictions as to use or disclosure thereof, unless TI shall have agreed to accept confidential information from Seller pursuant to a duly executed nondisclosure agreement defining TI’s obligations with respect to such information. Seller acknowledges and agrees that all TI and third party information received, observed or accessed by Seller or Seller's Personnel (as defined in 8(a) below) (whether from or through TI, its subsidiaries or contractor) in the performance of its obligations under the Purchase Order shall be TI’s confidential information (collectively, the “Confidential Information”). Seller shall not (i) use the Confidential Information for any purposes other than the purpose of performing its obligations under the Purchase Order or (ii) disclose the Confidential Information to any third party who do not need to know the information for the performance of its obligations under the Purchase Order and who do not have a legally binding non-use and confidentiality obligations with respect to the Confidential Information that are no less restrictive than the obligations set forth herein. Confidential Information shall not include any information that (A) was already known to Seller without a duty of confidentiality; (Bi) is or becomes a matter of public knowledge through no fault of the Seller; (C) is rightfully received by Seller from a third party without a duty of confidentiality or (D) is independently developed by Seller without any access to the Confidential Information. (c) Seller agrees that if it collects, processes and/or uses any information relating to an identified or identifiable natural person (“Personal Data”), it will do so in compliance with all applicable data protection or privacy laws and regulations, and that it will implement, maintain, and continuously control and update, technical, organizational and physical security measures to protect Personal Data as required thereunder, in particular against accidental, unauthorized or unlawful (i) destruction or loss, (ii) alteration and (iii) disclosure or access. Seller will keep all Personal Data confidential and will not, without TI’s prior written consent, use Personal Data for purposes other than performing services under this Purchase Order. Seller will not transfer Personal Data to any third party without TI’s prior written approval. Xxxxxx agrees to promptly notify TI in writing of any discovery of any breach or suspected breach of Personal Data or any loss or unauthorized use, disclosure, acquisition of or access to any Personal Data and/or TI’s business systems of which Seller becomes aware. (d) To the knowledge of Seller, (i) there has been no material security breach or other security compromise of or relating to Seller’s information technology and computer systems, networks, hardware, software, data, trade secrets, or equipment; and (ii) Seller is presently in compliance with all applicable laws, regulations, contractual obligations and internal policies relating to data privacy and security or Personal Data. Seller will, at the choice of TI, return to TI (in a standard format facilitating portability) and/or to securely delete/destroy all Personal Data, including all existing copies thereof, in accordance with TI’s instructions, within thirty (30) days upon TI’s request or upon termination of this Purchase Order, and to certify to TI in writing that it has done so. Seller will not be obliged to delete/destroy all copies of the Personal Data where a longer storage by Seller is required under applicable laws and regulations, in which case Seller shall inform TI accordingly, including about the legal grounds for, and the term of, any further storage.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

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Information Protection. (a) Neither party hereto shall, without the prior written consent of the other party, publicly announce or otherwise disclose (except to the U.S. Government, when the Purchase Order references a U.S. Government contract or subcontract number), the existence or the terms of this Purchase Order, or release any publicity regarding this Purchase Order. Unless expressly agreed upon in writing by TI, nothing in this Purchase Order shall be construed as granting, conveying or conferring any rights to Seller, either express or implied, (i) in any TI Intellectual Property or rights; (ii) to use TI’s trademarks, trade names, name or logo on any marketing literature, websites, presentations, press releases or any other media form or in connection with any product, service or promotion; or (iii) to use TI as a reference account. This provision shall survive the expiration, termination or cancellation of this Purchase Order. (b) Any knowledge or information that Seller may disclose to TI shall not be deemed to be confidential information and shall be acquired by TI free from any restrictions as to use or disclosure thereof, unless TI shall have agreed to accept confidential information from Seller pursuant to a duly executed nondisclosure agreement defining TI’s obligations with respect to such information. Seller acknowledges and agrees that all TI and third party information received, observed or accessed by Seller or Seller's Personnel (as defined in 8(a) below) (whether from or through TI, its subsidiaries or contractor) in the performance of its obligations under the Purchase Order shall be TI’s confidential information (collectively, the “Confidential Information”). Seller shall not (i) use the Confidential Information for any purposes other than the purpose of performing its obligations under the Purchase Order or (ii) disclose the Confidential Information to any third party who do not need to know the information for the performance of its obligations under the Purchase Order and who do not have a legally binding non-use and confidentiality obligations with respect to the Confidential Information that are no less restrictive than the obligations set forth herein. Confidential Information shall not include any information that (A) was already known to Seller without a duty of confidentiality; (Bi) is or becomes a matter of public knowledge through no fault of the Seller; (C) is rightfully received by Seller from a third party without a duty of confidentiality or (D) is independently developed by Seller without any access to the Confidential Information. (c) Seller agrees that if it collects, processes and/or uses any information relating to an identified or identifiable natural person (“Personal Data”), it will do so in compliance with all applicable data protection or privacy laws and regulations, and that it will implement, maintain, and continuously control and update, technical, organizational and physical security measures to protect Personal Data as required thereunder, in particular against accidental, unauthorized or unlawful (i) destruction or loss, (ii) alteration and (iii) disclosure or access. Seller will keep all Personal Data confidential and will not, without TI’s prior written consent, use Personal Data for purposes other than performing services under this Purchase Order. Seller will not transfer Personal Data to any third party without TI’s prior written approval. Xxxxxx agrees to promptly notify TI in writing of any discovery of any breach or suspected breach of Personal Data or any loss or unauthorized use, disclosure, acquisition of or access to any Personal Data and/or TI’s business systems of which Seller Xxxxxx becomes aware. (d) To the knowledge of Seller, (i) there has been no material security breach or other security compromise of or relating to Seller’s information technology and computer systems, networks, hardware, software, data, trade secrets, or equipment; and (ii) Seller is presently in compliance with all applicable laws, regulations, contractual obligations and internal policies relating to data privacy and security or Personal Data. Seller will, at the choice of TI, return to TI (in a standard format facilitating portability) and/or to securely delete/destroy all Personal Data, including all existing copies thereof, in accordance with TI’s instructions, within thirty (30) days upon TI’s request or upon termination of this Purchase Order, and to certify to TI in writing that it has done so. Seller will not be obliged to delete/destroy all copies of the Personal Data where a longer storage by Seller is required under applicable laws and regulations, in which case Seller shall inform TI accordingly, including about the legal grounds for, and the term of, any further storage.. (e)

Appears in 1 contract

Samples: Terms and Conditions of Purchase

Information Protection. (a) Neither party hereto shall, without the prior written consent of the other partyparty , publicly announce or otherwise disclose (except to the U.S. Government, when the Purchase Order references a U.S. Government contract or subcontract number), the existence or the terms of this Purchase Order, or release any publicity regarding this Purchase Order. Unless expressly agreed upon in writing by TI, nothing in this Purchase Order shall be construed as granting, conveying or conferring any rights to Seller, either express or implied, (i) in any TI Intellectual Intellec tual Property or rights; (ii) to use TI’s trademarks, trade names, name or logo on any marketing literature, websites, presentations, press releases or any other media form or in connection with any product, service or promotion; or (iii) to use TI as a reference account. This provision shall survive the t h e expiration, termination or cancellation of this Purchase Order. (b) Any knowledge or information that Seller may disclose to TI shall not be deemed to be confidential information and shall be acquired by TI free from any restrictions as to use or disclosure thereof, unless TI shall have agreed to accept confidential information from Seller pursuant to a duly executed nondisclosure agreement defining TI’s obligations with respect to such information. Seller acknowledges and agrees that all TI and third party information received, observed or accessed by Seller or Seller's Personnel (as defined in 8(a) below) (whether from or through TI, its subsidiaries or contractor) in the performance of its obligations under the Purchase Order shall be TI’s confidential information (collectively, the “Confidential Information”). Seller shall not (i) use the Confidential Information for any purposes other than the purpose of performing its obligations under the Purchase Order or (ii) disclose the Confidential Information to any third party who do not need to know the information for the performance of its obligations under the Purchase Order and who do not have a legally binding non-use and confidentiality obligations with respect to the Confidential Information that are no less restrictive than the obligations set forth herein. Confidential Information shall not include any information that (A) was already known to Seller without a duty of confidentiality; (Bi) is or becomes a matter of public knowledge through no fault of the Seller; (C) is rightfully received by Seller from a third party without a duty of confidentiality or (D) is independently developed by Seller without any access to the Confidential Information. (c) Seller agrees that if it collects, processes and/or uses any information relating to an identified or identifiable natural person (“Personal Data”), it will do so in compliance with all applicable data protection or privacy laws and regulations, and that it will implement, maintain, and continuously control and update, technical, organizational and physical security measures to protect Personal Data as required thereunder, in particular against accidental, unauthorized or unlawful (i) destruction or loss, (ii) alteration and (iii) disclosure or access. Seller will keep all Personal Data confidential and will not, without TI’s prior written consent, use Personal Data for purposes other than performing services under this Purchase Order. Seller will not transfer Personal Data to any third party without TI’s prior written approval. . Xxxxxx agrees to promptly notify TI in writing of any discovery of any breach or suspected breach of Personal Data or any loss or unauthorized use, disclosure, acquisition of or access to any Personal Data and/or TI’s business systems of which Seller becomes aware. (d) To the knowledge of Seller, (i) there has been no material security breach or other security compromise of or relating to Seller’s information technology and computer systems, networks, hardware, software, data, trade secrets, or equipment; and (ii) Seller is presently in compliance with all applicable laws, regulations, contractual obligations and internal policies relating to data privacy and security or Personal Data. Seller will, at the choice of TI, return to TI (in a standard format facilitating portability) and/or to securely delete/destroy all Personal Data, including all existing copies thereof, in accordance with TI’s instructions, within thirty (30) days upon TI’s request or upon termination of this Purchase Order, and to certify to TI in writing that it has done so. Seller will not be obliged to delete/destroy all copies of the Personal Data where a longer storage by Seller is required under applicable laws and regulations, in which case Seller shall inform TI accordingly, including about the legal grounds for, and the term of, any further storage.

Appears in 1 contract

Samples: Terms and Conditions of Purchase

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