Common use of Maintenance of Confidential Information Clause in Contracts

Maintenance of Confidential Information. Each party agrees to keep confidential all confidential information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential information); provided, however, that neither party shall have any such obligation with respect to use of disclosure to others not parties to this Agreement of such confidential information as can be established to: (a) have been known publicly; (b) have been known generally in the industry before communication by the disclosing party to the recipient; (c) have become know publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (d) have been known otherwise by the recipient before communication by the disclosing party; or (e) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.

Appears in 3 contracts

Samples: Software License Agreement, Bilindex Databases License Agreement, Software License Agreement

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Maintenance of Confidential Information. Each party agrees to keep confidential all confidential information disclosed to it by the other party in accordance herewithwith this Agreement, and to protect the confidentiality thereof of that information in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential information); provided, however, that . But neither party shall will have any such obligation with respect to use of disclosure to others not parties to this Agreement of such confidential information as can be established to: (a) have been known publicly; (b) have been known generally in the industry before communication by the disclosing party to the recipient; (c) have become know known publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (d) have been known otherwise by the recipient before communication by the disclosing party; or (e) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.

Appears in 2 contracts

Samples: Subscriber License Agreement, Subscriber License Agreement

Maintenance of Confidential Information. Each party agrees to keep confidential all confidential information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential information); providedproviding, however, that neither party shall have any such obligation with respect to use of disclosure to others not parties to this Agreement of such confidential information as can be established to: (a) have been known publicly; (b) have been known generally in the industry before communication by the disclosing party to the recipient; (c) have become know known publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (d) have been known otherwise by the recipient before communication by the disclosing party; or (e) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.

Appears in 2 contracts

Samples: Confidentiality Agreement (Liberty Diversified Holdings Inc), Confidentiality Agreement (Eworldmedia Holdings Inc)

Maintenance of Confidential Information. Each party agrees to keep confidential all confidential information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential information); provided, however, that neither party shall have any such obligation with respect to use of disclosure to others not parties to this Agreement of such confidential information as can be established to: to (a1) have been known publicly; (b2) have been known generally in the industry before communication by the disclosing party to the recipient; (c3) have become know known publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (d4) have been known otherwise by the recipient before communication by the disclosing party; or (e5) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.

Appears in 2 contracts

Samples: Software License Agreement, Software License Agreement

Maintenance of Confidential Information. Each party agrees to keep confidential all confidential information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential information); provided, however, that neither party shall have any such obligation with respect to use of disclosure to others not parties to this Agreement of such confidential information as can be established to: (a) have been known publicly; (b) have been known generally in the industry before communication by the disclosing party to the recipient; (c) have become know known publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (d) have been known otherwise by the recipient before communication by the disclosing party; or (e) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.

Appears in 2 contracts

Samples: Terms of Use, Terms of Use

Maintenance of Confidential Information. Each party agrees to keep confidential all confidential information Confidential Information disclosed to it by the other party or obtained by it in accordance herewith, to use such Confidential Information except and only for the purposes contemplated by this Agreement and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential information); provided, however, that neither party shall have any such obligation with respect to use of or disclosure to others not parties to this Agreement of such confidential information Confidential Information as can be established to: (a) have been known publicly; (b) have been known generally in the industry publicly before communication by the disclosing party to the recipient; (cb) have become know publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (dc) have been rightfully known otherwise by the recipient without any obligation of confidentiality before communication by the disclosing party; or (ed) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.

Appears in 1 contract

Samples: Master Services Agreement (NewCardio, Inc.)

Maintenance of Confidential Information. Each party agrees to keep confidential all confidential information Confidential Information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential informationConfidential Information); provided, however, that neither party shall have any such obligation with respect to concerning use of disclosure to others not parties a party to this Agreement of such confidential information Confidential Information as can be established to: : (a1) have been known publicly; (b2) have been known generally in the industry before communication by the disclosing party to the recipient; (c3) have become know known publicly, without fault on the part of the recipient, subsequent to after disclosure by the disclosing party; (d4) have been known otherwise by the recipient before communication by the disclosing party; or (e5) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.

Appears in 1 contract

Samples: Terms of Service

Maintenance of Confidential Information. Each party agrees to keep confidential all confidential information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential information); provided, however, that neither party shall have any such obligation with respect to use of disclosure to others not parties to this Agreement of such confidential information as can be established to: (ai) have been known publicly; (bii) have been known generally in the industry before communication by the disclosing party to the recipient; (ciii) have become know publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (div) have been known otherwise by the recipient before communication by the disclosing party; or (ev) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.

Appears in 1 contract

Samples: Software License Agreement

Maintenance of Confidential Information. Each Supplemental to the confidentiality provisions set forth in the Strategic Alliance Agreement (and not in lieu thereof), each party agrees to keep confidential all confidential information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential information); provided, however, that neither party shall have any such obligation with respect to use of by or disclosure to others not parties to this Agreement of such confidential information as can be established to: (a) have been known publicly; (b) have been known generally in the industry before communication by the disclosing party to the recipient; (c) have become know publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (d) have been known otherwise by the recipient before communication by the disclosing party; or (ed) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.

Appears in 1 contract

Samples: Strategic Alliance Agreement (Hooper Holmes Inc)

Maintenance of Confidential Information. Each party agrees to keep confidential all confidential information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential information); provided, however, that neither party shall have any such obligation with respect to use of disclosure to others not parties to this Agreement of such confidential information as can be established to: (a1) have been known publicly; (b2) have been known generally in the industry before communication by the disclosing party to the recipient; (c3) have become know publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (d4) have been known otherwise by the recipient before communication by the disclosing party; or (e5) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.

Appears in 1 contract

Samples: Licensing Agreement

Maintenance of Confidential Information. Each party Licensee agrees to keep confidential all confidential information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential information); provided, however, that neither party shall have any such obligation with respect to use of disclosure to others not parties to this Agreement of such confidential information as can be established to: (a) have been known publicly; (b) have been known generally in the industry before communication by the disclosing party to the recipient; (c) have become know publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (d) have been known otherwise by the recipient before communication by the disclosing party; or (e) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.

Appears in 1 contract

Samples: Software License Agreement

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Maintenance of Confidential Information. Each party agrees to keep confidential all confidential information Confidential Information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential informationConfidential Information); provided, however, that neither party shall have any such obligation with respect to use of disclosure to others not parties a party to this Agreement of such confidential information Confidential Information as can be established to: : (a1) have been known publicly; (b2) have been known generally in the industry before communication by the disclosing party to the recipient; (c3) have become know known publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (d4) have been known otherwise by the recipient before communication by the disclosing party; or (e5) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.

Appears in 1 contract

Samples: Terms of Service

Maintenance of Confidential Information. Each party END USER agrees to keep confidential all confidential information disclosed to it by the other party GD3 in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (herewith at all times exercising at least a reasonable degree of care in the protection of confidential information); provided, however, that neither party END USER shall not have any such obligation with respect to use of disclosure to others not parties to this Agreement of such confidential information as can be established to: (a1) have been known publicly; (b2) have been known generally in the industry before communication by the disclosing party to the recipient; (c3) have become know publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (d4) have been known otherwise by the recipient before communication by the disclosing party; or (e5) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.

Appears in 1 contract

Samples: End User License Agreement

Maintenance of Confidential Information. Each party agrees to keep confidential all confidential information disclosed to it by the other party in accordance herewithherewith (the other party’s "Confidential Information"), and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential informationthe Confidential Information); provided, however, that neither party shall have any such obligation with respect to use of or disclosure to others not parties to this Agreement of such confidential information Confidential Information as can be established to: (a) have been known publicly; (b) have been known generally in the industry before communication by the disclosing party to the recipient; (c) have become know publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (d) have been known otherwise by the recipient before communication by the disclosing party; or (e) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.

Appears in 1 contract

Samples: Software License and Services Agreement (DigitalFX International Inc)

Maintenance of Confidential Information. Each party agrees to keep confidential all confidential information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential information); provided, however, that neither party shall have any such obligation with respect to use of or disclosure to others not parties to this Agreement of such confidential information as can be established to: (a) have been known publicly; (b) have been known generally in the industry before communication by the disclosing party to the recipient; (c) have become know publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (d) have been known otherwise by the recipient before communication by the disclosing party; or (e) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.

Appears in 1 contract

Samples: Master Software and Services Agreement

Maintenance of Confidential Information. Each party agrees to keep confidential all confidential information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential information); provided, however, that neither party shall have any such obligation with respect to use of by or disclosure to others not parties to this Agreement of such confidential information as can be established to: (a) have been known publicly; (b) have been known generally in the industry before communication by the disclosing party to the recipient; (c) have become know publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; (d) have been known otherwise by the recipient before communication by the disclosing party; or (ed) have been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.

Appears in 1 contract

Samples: Strategic Alliance Agreement (Hooper Holmes Inc)

Maintenance of Confidential Information. Each party agrees to this agreement (the “receiving party”) agree to keep confidential all confidential information disclosed to it by another party (the other party “disclosing party”) in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own (at all times exercising at least a reasonable degree of care in the protection of confidential information); provided, however, that neither the receiving party shall not have any such obligation with respect to use of disclosure to others not parties to this Agreement of such confidential information as can be established to: (a) have been known publicly; (b) have been known generally in the industry before communication by the disclosing party to the recipientparty; (c) have become know known publicly, without fault on the part of the recipientreceiving party, subsequent to disclosure by the disclosing party; (d) have been known otherwise by the recipient receiving party before communication by the disclosing party; or (e) have been received by the recipient receiving party without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.

Appears in 1 contract

Samples: Terms of Business

Maintenance of Confidential Information. Each party agrees (a) The Parties agree to keep confidential all confidential information disclosed to it them by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own own. (at all times exercising at least a reasonable degree of care in b) Notwithstanding the protection of confidential information); providedabove, however, that neither party KIBU nor KUPPET shall have any such obligation with respect to use of the disclosure to others other not parties to this Agreement MoU of such confidential information as can be established to: that:- (ai) have it has been known publicly; , (bii) have has been known generally in the industry before communication by the disclosing party to the recipient; , (ciii) have it has become know known publicly, without fault on the part of the recipient, subsequent to disclosure by the disclosing party; . (div) have it has been known otherwise by the recipient before communication by the disclosing party; or or (ev) have it has been received by the recipient without any obligation of confidentiality from a source (other than the disclosing party) lawfully having possession of such information.

Appears in 1 contract

Samples: Memorandum of Understanding

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