Non-Confidential Information. The obligations of non-disclosure and non-use set out in Sub-clause 12.1 above shall not apply to any item of information which: a. Is in the public domain at any time (but without prejudice to any Person's rights of action against another Person who wrongfully causes or permits such information to be in the public domain), b. Was rightfully in a Person's possession without obligation of confidence prior to its disclosure pursuant to this Agreement, or is subsequently independently developed by that Person by employees having no access to the information disclosed hereunder, c. Is subsequently rightfully obtained without obligation of confidence by a Person from a source other than the Licensee as evidenced by written records, d. Is required to be disclosed by order of any court of competent jurisdiction or to enable the Trademarks or any license thereunder to be validly registered or notified in any part of the Territory or otherwise to protect the validity of the Trademarks, PROVIDED that no right or interest under any license, patent, or otherwise shall be acquired by the recipient of any information by virtue of the application of this sub-clause.
Appears in 5 contracts
Samples: Open Fair Accreditation Trademark License Agreement, Trademark License Agreement, Trademark License Agreement
Non-Confidential Information. The obligations of non-disclosure and non-use set out in Sub-clause 12.1 above shall not apply to any item of information which:
a. Is in the public domain at any time (but without prejudice to any Person's rights of action against another Person who wrongfully causes or permits such information to be in the public domain),
b. Was rightfully in a Person's possession without obligation of confidence prior to its disclosure pursuant to this Agreement, or is subsequently independently developed by that Person by employees having no access to the information disclosed hereunder,
c. Is subsequently rightfully obtained without obligation of confidence by a Person from a source other than the Licensee as evidenced by written records,
d. Is required to be disclosed by order of any court of competent jurisdiction or to enable the Trademarks or any license thereunder to be validly registered or notified in any part of the Territory or otherwise to protect the validity of the Trademarks, PROVIDED that no right or interest under any license, patent, or otherwise shall be acquired by the recipient of any information by virtue of the application of this sub-clause.,
Appears in 2 contracts
Samples: Trademark License Agreement, Trademark License Agreement
Non-Confidential Information. The obligations of non-disclosure and non-use set out in Sub-clause 12.1 above shall not apply to any item of information which:
a. Is in the public domain at any time (but without prejudice to any Person's rights of action against another Person who wrongfully causes or permits such information to be in the public domain),
b. Was rightfully in a Person's possession without obligation of confidence prior to its disclosure pursuant to this Agreement, or is subsequently independently developed by that Person by employees having no access to the information disclosed hereunder,
c. Is subsequently rightfully obtained without obligation of confidence by a Person from a source other than the Licensee as evidenced by written recordsrecords or testimony,
d. b. Is required to be disclosed by order of any court of competent jurisdiction or to enable the Trademarks or any license thereunder there under to be validly registered or notified in any part of the Territory or otherwise to protect the validity of the Trademarks, PROVIDED that no right or interest under any license, patent, or otherwise shall be acquired by the recipient of any information by virtue of the application of this sub-clause.
Appears in 1 contract
Samples: Trademark License Agreement
Non-Confidential Information. The obligations of non-disclosure and non-use set out in Sub-clause 12.1 above shall not apply to any item of information which:
a. Is in the public domain at any time (but without prejudice to any Person's rights of action against another Person who wrongfully causes or permits such information to be in the public domain),
b. Was rightfully in a Person's possession without obligation of confidence prior to its disclosure pursuant to this Agreement, or is subsequently independently developed by that Person by employees having no access to the information disclosed hereunder,
c. Is subsequently rightfully obtained without obligation of confidence by a Person from a source other than the Licensee or Affiliate Licensee as evidenced by written records,
d. Is , is required to be disclosed by order of any court of competent jurisdiction or to enable the Trademarks or any license thereunder to be validly registered or notified in any part of the Territory or otherwise to protect the validity of the Trademarks, PROVIDED that no right or interest under any license, patent, or otherwise shall be acquired by the recipient of any information by virtue of the application of this sub-clause.
Appears in 1 contract