Common use of Meaning of Confidential Information Clause in Contracts

Meaning of Confidential Information. For the purposes of this Agreement, the term “Confidential Information” shall mean all information and documentation of a party that: (a) has been marked “confidential” or with words of similar meaning, at the time of disclosure by such party; (b) if disclosed orally or not marked “confidential” or with words of similar meaning, was subsequently summarised in writing by the disclosing party and marked “confidential” or with words of similar meaning; and, (c) should reasonably be recognised as confidential information of the disclosing party. The term “Confidential Information” does not include any information or documentation that was: (a) already in the possession of the receiving party without an obligation of confidentiality; (b) developed independently by the receiving party, as demonstrated by the receiving party, without violating the disclosing party’s proprietary rights; (c) obtained from a source other than the disclosing party without an obligation of confidentiality; or, (d) publicly available when received, or thereafter became publicly available (other than through any unauthorised disclosure by, through, or on behalf of, the receiving party). For purposes of this Agreement, in all cases and for all matters, Subscriber Data shall be deemed to be Confidential Information.

Appears in 3 contracts

Samples: Master Software as a Service Agreement, Master Software as a Service Agreement, Master Software as a Service Agreement

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Meaning of Confidential Information. For the purposes of this Agreement, the The term "Confidential Information” shall mean " means all information and documentation of a party Party that: (a) has been marked "confidential" or with words of similar meaning, at the time of disclosure by such partyParty; (b) if disclosed orally or not marked "confidential" or with words of similar meaning, was subsequently summarised summarized in writing by the disclosing party Party and marked "confidential" or with words of similar meaning; and, (c) should reasonably be recognised recognized as confidential information of the disclosing partyParty. Confidential Information shall also include Hosting Organization’s Data. The term "Confidential Information” does " shall not include any information or documentation that waswas or is: (a) already in the possession of the receiving party Party without an obligation of confidentiality; (b) developed independently by the receiving partyParty, as demonstrated by the receiving partyParty, without violating the disclosing party’s Party's proprietary rights; (c) obtained from a source other than the disclosing party Party without an obligation of confidentiality; or, (d) publicly available when received, or thereafter became publicly available (other than through any unauthorised unauthorized disclosure by, through, or on behalf of, the receiving partyParty). For purposes of this Agreement, in all cases and for all matters, Subscriber Data shall be deemed to be Confidential Information.

Appears in 1 contract

Samples: Platform Agreement

Meaning of Confidential Information. For the purposes of this Agreement, the term “Confidential Information” shall mean all information and documentation of a party that: (a) has been marked “confidential” or with words of similar meaning, at the time of disclosure by such party; (b) if disclosed orally or not marked “confidential” or with words of similar meaning, was subsequently summarised summarized in writing by the disclosing party and marked “confidential” or with words of similar meaning; and, (c) should reasonably be recognised recognized as confidential information of the disclosing party. The term “Confidential Information” does not include any information or documentation that was: (a) already in the possession of the receiving party without an obligation of confidentiality; (b) developed independently by the receiving party, as demonstrated by the receiving party, without violating the disclosing party’s proprietary rights; (c) obtained from a source other than the disclosing party without an obligation of confidentiality; or, (d) publicly available when received, or thereafter became publicly available (other than through any unauthorised unauthorized disclosure by, through, or on behalf of, the receiving party). For purposes of this Agreement, in all cases and for all matters, Subscriber Data shall be deemed to be Confidential Information.

Appears in 1 contract

Samples: Service Agreement

Meaning of Confidential Information. For the purposes of this Agreement, the term “Confidential Information” shall mean all information and documentation of a party that: (a) has been marked “confidential” or with words of similar meaning, at the time of disclosure by such party; (b) if disclosed orally or not marked “confidential” or with words of similar meaning, was subsequently summarised summarized in writing by the disclosing party and marked “confidential” or with words of similar meaning; and, (c) should reasonably be recognised recognized as confidential information of the disclosing party. The term “Confidential Information” does not include any information or documentation that was: (a) already in the possession of the receiving party without an obligation of confidentiality; (b) developed independently by the receiving party, as demonstrated by the receiving party, without violating the disclosing party’s proprietary rights; (c) obtained from a source other than the disclosing party without an obligation of confidentiality; or, (d) publicly available when received, or thereafter became publicly available (other than through any unauthorised unauthorized disclosure by, through, or on behalf of, the receiving party). For purposes of this Agreement, in all cases and for all matters, Subscriber Data Customer Materials shall be deemed to be Confidential Information.

Appears in 1 contract

Samples: Master License Agreement

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Meaning of Confidential Information. For the purposes of this Agreement, the term “Confidential Information” shall mean all information and documentation of a party that: (a) has been marked “confidential” or with words of similar meaning, at the time of disclosure by such party; (b) if disclosed orally or not marked “confidential” or with words of similar meaning, was subsequently summarised summarized in writing by the disclosing party and marked “confidential” or with words of similar meaning; and, (c) should reasonably be recognised recognized as confidential information of the disclosing party. The term “Confidential Information” does not include any information or documentation that was: (a) already in the possession of the receiving party without an obligation of confidentiality; (b) developed independently by the receiving party, as demonstrated by the receiving party, without violating the disclosing party’s proprietary rights; (c) obtained from a source other than the disclosing party without an obligation of confidentiality; or, (d) publicly available when received, or thereafter became publicly available (other than through any unauthorised unauthorized disclosure by, through, or on behalf of, the receiving party). For purposes of this Agreement, in all cases and for all matters, Subscriber EBCE Data shall be deemed to be Confidential Information.

Appears in 1 contract

Samples: Software as a Service Agreement

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