Non-Confidential Information. Confidentiality obligations of the Parties shall not extend to information that: (a) is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than the receiving party; (b) was known to the receiving party at the time of its disclosure and such knowledge can be proven by documentation; (c) is independently developed by the receiving party; (d) is subsequently learned from a third party not under a confidentiality obligation to the providing party; or (e) is required to be disclosed pursuant to court order, subpoena, or government authority, whereupon the receiving party shall provide notice to the other party prior to such disclosure.
Appears in 7 contracts
Sources: Software License and Service Agreement, Software License and Service Agreement, Software License and Service Agreement
Non-Confidential Information. Confidentiality obligations of the Parties shall not extend to information that:
(a) is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than the receiving party;
(b) was known to the receiving party at the time of its disclosure and such knowledge can be proven by documentation;
(c) is independently developed by the receiving party;
(d) is subsequently learned from a third third-party not under a confidentiality obligation to the providing party; or
(e) is required to be disclosed pursuant to court order, subpoena, or government authority, whereupon the receiving party shall provide notice to the other party prior to such disclosure.
Appears in 2 contracts
Sources: Software Subscription Agreement, Software Subscription Agreement
Non-Confidential Information. Confidentiality obligations Notwithstanding Section 2, Confidential Information of the Parties a party shall not extend to include information that:
which: (a) is, as of the time of its disclosure, disclosure or thereafter becomes part of the public domain through a source other than the receiving party;
, without violation of this Agreement; (b) was can be demonstrated to be (x) rightfully known to the receiving party at as of the time of its disclosure and such knowledge can be proven by documentation;
disclosure, or (cy) is independently developed by the receiving party;
; (dc) is subsequently learned from a third party not under a confidentiality obligation to the providing disclosing party; or
or (ed) is required to be disclosed pursuant to court order, a duly authorized subpoena, court order or government authority, whereupon in which event the receiving party subject to same shall provide prompt written notice to the other party prior to such disclosure, so that such party may seek a protective order or other appropriate remedy.
Appears in 1 contract
Sources: Mutual Non Disclosure and Non Circumvention Agreement
Non-Confidential Information. Confidentiality obligations of the Parties parties shall not extend to information that:
(a) : is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than the receiving party;
(ba) was known to the receiving party at the time of its disclosure and such knowledge can be proven by documentation;
(cb) is independently developed by the receiving party;
(dc) is subsequently learned from a third party not under a confidentiality obligation to the providing party; or
(ed) is required to be disclosed pursuant to court order, subpoena, or government authority, whereupon the receiving party shall provide notice to the other party prior to such disclosure.
Appears in 1 contract
Sources: Software License Agreement
Non-Confidential Information. Confidentiality obligations of the Parties parties shall not extend to information that:
(a) is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than the receiving party;
(b) was known to the receiving party at the time of its disclosure and such knowledge can be proven by documentation;
(c) is independently developed by the receiving party;
(d) is subsequently learned from a third party not under a confidentiality obligation to the providing party; or
(e) is required to be disclosed pursuant to court order, subpoena, or government authority, whereupon the receiving party shall provide notice to the other party prior to such disclosure.
Appears in 1 contract
Non-Confidential Information. Confidentiality obligations of the Parties shall not extend to information that:
(a) is, as of the time of its disclosure, or thereafter becomes part of the public domain through a source other than the receiving party;
(b) was known to the receiving party at the time of its disclosure and such knowledge can be proven by documentation;
(c) is independently developed by the receiving party;
(d) is subsequently learned from a third party not under a confidentiality obligation to the providing party; or
(e) is required to be disclosed pursuant to court order, subpoena, or statute or other government authority, whereupon the receiving party shall provide notice to the other party prior to such disclosure.
Appears in 1 contract
Sources: Software License and Service Subscription Agreement