Non-Disclosure and Non-Use Obligations. All Proprietary Information disclosed by one Party to any other Party hereunder shall be maintained in confidence and shall not be disclosed to any non-party or used for any purpose except as expressly permitted herein without the prior written consent of the disclosing Party. The foregoing non-disclosure and non-use obligations shall not apply to the extent that such Proprietary Information: (a) is known by the receiving Party at the time of its receipt, and not through a prior disclosure by the disclosing Party, as documented by business records; (b) is properly in the public domain; (c) is subsequently disclosed to a receiving Party by a third party who may lawfully do so and is not under an obligation of confidentiality to the disclosing Party; or (d) is developed by the receiving Party independently of Proprietary Information received from the other Party, as documented by research and development records.
Appears in 1 contract
Samples: Research Collaboration and License Agreement (Intercardia Inc)
Non-Disclosure and Non-Use Obligations. All Proprietary Information proprietary information -------------------------------------- disclosed by one Party party to any other Party party hereunder shall be maintained in confidence and shall not be disclosed to any non-party nonparty or used for any purpose except as expressly permitted herein without the prior written consent of the disclosing Partyother parties to this Agreement. The foregoing non-disclosure nondisclosure and non-use nonuse obligations shall not apply to the extent that such Proprietary Informationproprietary information:
(a) is known by the receiving Party party at the time of its receipt, and not through a prior disclosure by the disclosing Partyparty, as documented by business records;
(b) is properly in the public domain;
(c) is subsequently disclosed to a receiving Party party by a third party who may lawfully do so and is not under an obligation of confidentiality to the disclosing Partyparty; or
(d) is developed by the receiving Party party independently of Proprietary Information proprietary information received from the other Partyparty, as documented by research and development records.
Appears in 1 contract
Samples: License Agreement (Interneuron Pharmaceuticals Inc)
Non-Disclosure and Non-Use Obligations. All Proprietary Information disclosed by one Party to any the other Party hereunder shall be maintained in confidence and shall not be disclosed to any non-party or used for any purpose except as expressly permitted herein without the prior written consent of the disclosing Party. The foregoing non-disclosure and non-use obligations shall not apply to the extent that such Proprietary Information:
(a) is known by the receiving Party at the time of its receipt, and not through a prior disclosure by the disclosing Party, as documented by business records;
(b) is properly in the public domain;
(c) is subsequently disclosed to a receiving Party by a third party who may lawfully do so and is not under an obligation of confidentiality to the disclosing Party; or
(d) is developed by the receiving Party independently of Proprietary Information received from the other Party, as documented by research and development written records.
Appears in 1 contract
Samples: Research Collaboration and License Agreement (Isis Pharmaceuticals Inc)
Non-Disclosure and Non-Use Obligations. All Proprietary Information disclosed by one Party to any the other Party hereunder shall be maintained in confidence and shall not be disclosed to any non-party Third Party or used for any purpose except as expressly permitted herein without the prior written consent of the disclosing Party that disclosed the Proprietary Information to the other Party. The foregoing non-disclosure and non-use obligations shall not apply to the extent that such Proprietary Information:
(a) is known by the receiving Party at the time of its receipt, and not through a prior disclosure by the disclosing Party, as documented by business records;
(b) is or becomes properly in the public domaindomain or knowledge without breach by either Party;
(c) is subsequently disclosed to a receiving Party by a third party who may lawfully do so and is not under an obligation of confidentiality to the disclosing Party; or
(d) is developed by the receiving Party independently of Proprietary Information received from the other Party, as documented by research and development records.
Appears in 1 contract
Samples: License, Development and Commercialization Agreement (MetaStat, Inc.)
Non-Disclosure and Non-Use Obligations. All Proprietary Information proprietary information disclosed by one Party to any the other Party hereunder shall be maintained in confidence and shall not be disclosed to any non-party nonparty or used for any purpose except as expressly permitted herein without the prior written consent of the disclosing Partyother Party to this Agreement. The foregoing non-disclosure nondisclosure and non-use nonuse obligations shall not apply to the extent that such Proprietary Informationproprietary information:
(a) is known by the receiving Party party at the time of its receipt, and not through a prior disclosure by the disclosing Partyparty, as documented by business records;
(b) is properly in the public domain;
(c) is subsequently disclosed to a receiving Party party by a third party who may lawfully do so and is not under an obligation of confidentiality to the disclosing Partyparty; or
(d) is developed by the receiving Party party independently of Proprietary Information proprietary information received from the other Partyparty, as documented by research and development records.
Appears in 1 contract
Non-Disclosure and Non-Use Obligations. All Proprietary Information information disclosed by one Party to any other another Party hereunder shall be maintained in confidence and shall not be disclosed to any non-party Third Party or used for any purpose except as expressly permitted herein without the prior written consent of the disclosing Party. The foregoing non-disclosure and non-use obligations shall not apply to the extent that such Proprietary Informationinformation:
(a) is known by the receiving Party at the time of its receipt, and not through a prior disclosure by the disclosing Party, as documented by business records;
(b) is properly in the public domain;; or
(c) is subsequently disclosed to a receiving Party by a third party Third Party who may lawfully do so and is not under an obligation of confidentiality to the disclosing Party; or
(d) is developed by the receiving Party independently of Proprietary Information received from the other Party, as documented by research and development records.
Appears in 1 contract
Samples: Royalty Agreement (Interneuron Pharmaceuticals Inc)