Nondisclosure. 10.1 By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, and all information clearly identified as confidential at the time of disclosure. 10.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party. 10.3 We each agree not to disclose each other’s Confidential Information to any third party other than as set forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We each may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law.
Appears in 50 contracts
Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement, Oracle Cloud Services Agreement
Nondisclosure. 10.1 10.1. By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, and all information clearly identified as confidential at the time of disclosure.
10.2 10.2. A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 10.3. We each agree not to disclose each other’s Confidential Information to any third party other than as set forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We each may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law.
Appears in 37 contracts
Sources: Oracle Cloud Services Agreement, Oracle Cloud Services Agreement, Oracle Cloud Services Agreement
Nondisclosure. 10.1 9.1. By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, and all information clearly identified as confidential at the time of disclosure.
10.2 9.2. A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 9.3. We each agree not to disclose each other’s Confidential Information to any third party other than as set forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We each may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement Your order in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law.
Appears in 25 contracts
Sources: Conference Room Pilot Agreement, Conference Room Pilot Agreement, Conference Room Pilot Agreement
Nondisclosure. 10.1 8.1 By virtue of this the Master Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this the Master Agreement. Confidential information Information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, Master Agreement and all information clearly identified as confidential at the time of disclosure.
10.2 8.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 8.3 We each agree not to disclose each other’s Confidential Information to any third party other than as those set forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We each may disclose Confidential Information only to those employees, employees or agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this the Master Agreement. Oracle will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this the Master Agreement or orders placed submitted under this the Master Agreement in any legal proceeding arising from or in connection with this the Master Agreement or from disclosing the Confidential Information to a governmental entity as required by law.
8.4 To the extent You provide personal information to Oracle as part of any Service Offerings You have ordered under the Master Agreement, Oracle will comply with:
a. the relevant Oracle privacy policies applicable to the Service Offerings, available at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/us/legal/privacy/overview/index.html;
b. the applicable administrative, physical, technical and other safeguards, and other applicable aspects of system and content management, available at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/us/corporate/contracts/; and
c. the applicable version of the Data Processing Agreement for Oracle Services (the “Data Processing Agreement”). The version of the Data Processing Agreement applicable to Your order is available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/corporate/contracts/cloud-services/contracts.html#data-processing and is incorporated herein by reference. The Data Processing Agreement does not apply to education services and Oracle Data Cloud services under Schedule D. Your order for Service Offerings may also contain additional or more specific privacy terms.
Appears in 4 contracts
Sources: General Terms Agreement, General Terms Agreement, Master Agreement
Nondisclosure. 10.1 8.1 By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information Information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, Agreement and all information clearly identified as confidential at the time of disclosure.
10.2 8.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 8.3 We each agree not to disclose each other’s Confidential Information to any third party other than as those set forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, . Oracle will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We each may disclose Confidential Information only to those employees, employees or agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed submitted under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law.
8.4 To the extent You provide personal information to Oracle as part of any Service Offering(s) You have ordered under this Agreement, Oracle will comply with:
a. the relevant Oracle privacy policies applicable to the Service Offering(s), available at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/us/legal/privacy/overview/index.html;
b. the applicable administrative, physical, technical and other safeguards, and other applicable aspects of system and content management, available at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/us/corporate/contracts/; and
c. the applicable version of the Data Processing Agreement for Oracle Services (the “Data Processing Agreement”). The version of the Data Processing Agreement applicable to Your order is available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/corporate/contracts/cloud-services/contracts.html#data-processing and is incorporated herein by reference. The Data Processing Agreement does not apply to education services and Oracle Data Cloud services. Your order for Service Offering(s) may also contain additional or more specific privacy terms.
Appears in 3 contracts
Sources: Open Source Support Services Agreement, Oracle Open Source Support Services Agreement, Oracle Open Source Support Services Agreement
Nondisclosure. 10.1 By virtue of this AgreementYour order and these Cloud STCs, Oracle, the parties Contractor and You may have access disclose to each other information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information shall be limited to the terms and pricing under this Agreementthese Cloud STCs and Your order, Your Content and Your Applications residing in the Services EnvironmentServices, and all information clearly identified as confidential at the time of disclosure.
10.2 . A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We . Subject to applicable law, Oracle, the Contractor and You each agree not to disclose each other’s Confidential Information to any third party other than as set forth in the following sentence for a period of three five years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle will hold protect the confidentiality of Your Confidential Information that resides within Content residing in the Services Environment in confidence for as long as such information resides in the Services EnvironmentServices. We each Each party may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreementthese Cloud STCs, and each party may disclose the other party’s Confidential Information in any legal proceeding or to a governmental entity as required by law. Oracle will protect the confidentiality of Your Content or Your Applications residing resident in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In additionThe parties acknowledge and agree that You and these Cloud STCs are subject to applicable freedom of information or open records law. Should You receive a request under such law for Oracle’s Confidential Information, Your Personal Data will be treated in accordance with You agree to give Oracle adequate prior notice of the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the request and before releasing Oracle’s Confidential Information to a governmental entity as required by lawthird party, in order to allow Oracle sufficient time to seek injunctive relief or other relief against such disclosure.
Appears in 3 contracts
Sources: Oracle Public Sector Cloud Services Agreement, Contract Agreement, Oracle Public Sector Cloud Services Agreement
Nondisclosure. 10.1 9.1 By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information Information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, and all information clearly identified as confidential at the time of disclosure.
10.2 9.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We 9.3 Subject to the applicable law, we each agree not to disclose each other’s Confidential Information to any third party other than as those set forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We each may disclose Confidential Information only to those employees, employees or agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed submitted under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law. In the event You receive a valid request for Oracle’s Confidential Information pursuant to applicable law, You will provide Oracle with reasonable notice of such request and give Oracle an opportunity to object to or limit any such disclosure.
Appears in 2 contracts
Sources: Technical Support Services Agreement, Oracle Public Sector Technical Support Services Agreement
Nondisclosure. 10.1 By virtue of this Agreement, the parties either Party may have access to information that is confidential to one another the other (“Confidential Information”). We each agree to disclose only Confidential Information shall include any Converged program licenses and all information that is required for would reasonably be considered confidential, including but not limited to the performance of obligations disclosing party’s employees, organization, customers, plans, activities, policies, or products and including any written reports, findings, conclusions, recommendations, or reporting data and analysis prepared by Converged and provided to Customer under this Agreement. Confidential It is the express intent of this Section that neither Party discloses to any third party any information shall be limited to it learns concerning the terms and pricing under this Agreement, Your Content and Your Applications residing business of the other Party in the performance of Services Environment, and all information clearly identified as confidential at the time of disclosure.
10.2 hereunder. A partyParty’s Confidential Information shall not include information that: that (a) is or becomes a part of the public domain through no act or omission of the other partyParty; or (b) was in the other partyParty’s lawful possession prior to the disclosure and had not been obtained by the other party Party either directly or indirectly from the disclosing partyParty; or (c) is lawfully disclosed to the other party Party by a third party without restriction on the disclosuredisclosure or; or (d) is independently developed by the other party.
10.3 We each agree not Party. A Party may disclose Confidential Information as required by law or governmental ruling provided, however, that before making such disclosure, the Party of whom disclosure is required shall use reasonable commercial efforts to disclose give the other Party an adequate opportunity to interpose an objection and/or take action to assure confidential handling of such information. The Parties agree, both during the term of this Agreement and for a period of four (4) years after termination of this Agreement, to hold each other’s Confidential Information in confidence. The Parties agree not to make each other’s Confidential Information available in any form to any third party or to use each other’s Confidential Information for any purpose other than as set forth in the following sentence for a period implementation of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We each may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle will Each Party agrees to use the same degree of care that it uses to protect the confidentiality its own confidential information of Your Content a similar nature and value, but in no event less than a reasonable standard of care, to ensure that Confidential Information is not disclosed or Your Applications residing distributed by its employees or agents in the Services Environment in accordance with the Oracle security practices defined as part violation of the Service Specifications applicable to Your orderprovisions of this Agreement. In additionNotwithstanding the above, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent if either party from disclosing provides the terms other with product comments or pricing under this Agreement or orders placed under this Agreement in suggestions ("Feedback"), the Recipient shall the right to use such Feedback at its discretion without payment, subject to any legal proceeding arising from or in connection with this Agreement or from disclosing patent rights retained by the Confidential Information to a governmental entity as required by lawDisclosing party.
Appears in 2 contracts
Sources: Master Terms and Conditions, Master Terms and Conditions
Nondisclosure. 10.1 4.1 By virtue of this Agreement, the parties may have access disclose to each other information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information Information shall be limited to the terms and pricing under this AgreementAgreement and Your order, Your Content and Your Applications residing in the Services EnvironmentServices, and all information clearly identified as confidential at the time of disclosure.
10.2 4.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We 4.3 Subject to applicable law, each agree party agrees not to disclose each otherthe other party’s Confidential Information to any third party other than as set forth in the following sentence for a period of three five years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle we will hold protect the confidentiality of Your Confidential Information that resides within Content residing in the Services Environment in confidence for as long as such information resides in the Services EnvironmentServices. We each Each party may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement, and each party may disclose the other party’s Confidential Information in any legal proceeding or to a governmental entity as required by law. Oracle We will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under .
4.4 The parties acknowledge and agree that You and this Agreement are subject to applicable freedom of information or orders placed open records laws. Should You receive a request under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing such law for Oracle’s Confidential Information, You agree to give Oracle adequate prior notice of the request and before releasing Oracle’s Confidential Information to a governmental entity as required by lawthird party, in order to allow Oracle sufficient time to seek injunctive relief or other relief against such disclosure.
Appears in 2 contracts
Sources: Public Sector Agreement for Oracle Cloud Services, Public Sector Agreement for Oracle Cloud Services
Nondisclosure. 10.1 3.1 By virtue of this Agreement, the parties may have access to disclose information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for To the performance of obligations under this Agreement. extent permitted by law, Confidential information Information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services EnvironmentServices, and all information clearly identified as confidential at the time of disclosure.
10.2 3.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; ;
(c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We 3.3 Subject to applicable law, each agree party agrees not to disclose each otherthe other party’s Confidential Information to any third party other than as set forth in the following sentence for a period of three five years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle will hold protect the confidentiality of Your Confidential Information that resides within Content residing in the Services Environment in confidence for as long as such information resides in the Services EnvironmentServices. We each Each party may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement, and each party may disclose the other party’s Confidential Information in any legal proceeding or to a governmental entity as required by law. Oracle will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under The parties acknowledge and agree that You and this Agreement are subject to applicable freedom of information or orders placed open records law. Should you receive a request under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing such law for Oracle’s Confidential Information, You agree to give Oracle adequate prior notice of the request and before releasing Oracle’s Confidential Information to a governmental entity as required by lawthird party, in order to allow Oracle sufficient time to seek injunctive relief or other relief against such disclosure.
Appears in 1 contract
Nondisclosure. 10.1 8.1 By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, and all information clearly identified as confidential at the time of disclosure.
10.2 8.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We each agree 8.3 Each party agrees not to disclose each other’s Confidential Information to any third party other than as set forth in the following sentence for a period of three (3) years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle ▇▇▇▇▇▇ will hold Your Client’s Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We each Each party may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle Abacus will protect the confidentiality of Your Client Content or Your Applications residing in the Services Environment in accordance with the Oracle Abacus security practices defined as part of the Service Specifications applicable to Your orderthe Order Document. In addition, Your Client’s Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law.
Appears in 1 contract
Sources: General Terms and Conditions
Nondisclosure. 10.1 By virtue Each party will maintain all Confidential Information it receives from the other in strict confidence using commercially reasonable standards and no less care than it uses with its own Confidential Information and in no case less than a reasonable standard of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environmentcare, and all will use and disclose such information clearly identified only as confidential at contemplated by this Agreement or as authorized in writing by the time of disclosure.
10.2 A party’s Confidential Information shall Disclosing Party. Each party will require its employees and agents to do likewise. These obligations do not include apply to information that: (a) is or becomes a part of generally available to the public domain through no act or omission other than by a breach of the other partythis Agreement; (b) was is rightfully received from a third party lawfully in possession of the other party’s lawful possession prior information and not subject to the disclosure and had not been obtained by the other party either directly a confidentiality or indirectly from the disclosing partynonuse obligation; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We each agree Receiving Party or its employees and agents, provided that the persons developing the information have not had access to the information of the Disclosing Party; or (d) was already known to the Receiving Party prior to its receipt from the Disclosing Party. In addition, the Receiving Party is allowed to disclose each other’s Confidential Information to any third party other than as set forth in the following sentence for a period of three years from the date of the disclosing partyDisclosing Party to the extent that such disclosure is: (x) approved in a writing signed by an authorized representative of the Disclosing Party; or (y) necessary for the Receiving Party to enforce its rights under this Agreement in connection with a legal proceeding; or (z) required by law (including but not limited to California open records and freedom of information statutes) or by the order of a court or similar judicial or administrative governmental body, provided that the Receiving Party notifies the Disclosing Party of such required disclosure promptly and in writing (to the extent that such notice is not prohibited by law) and cooperates with the Disclosing Party, at the Disclosing Party’s disclosure reasonable request and at its expense, in any lawful action to contest or limit the scope of such required disclosure. If such action by the Disclosing Party is unsuccessful, the Disclosing Party does not take such action, or the Disclosing Party otherwise waives its right to seek such remedies, the Receiving Party shall disclose only that portion of the Confidential Information to the receiving party; however, Oracle will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We each may disclose Confidential Information only to those employees, agents or subcontractors who are which it is legally required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 belowdisclose. Nothing herein shall prevent either party from disclosing require the terms Receiving Party to take any action, or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by refuse to disclose information, where to do so would violate applicable law.
Appears in 1 contract
Sources: Professional Services
Nondisclosure. 10.1 By virtue of this AgreementYour order and these Cloud STCs, Oracle, the parties Contractor and You may have access disclose to each other information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information shall be limited to the terms and pricing under this Agreementthese Cloud STCs and Your order, Your Content and Your Applications residing in the Services EnvironmentServices, and all information clearly identified as confidential at the time of disclosure.
10.2 . A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We . Subject to applicable law, Oracle, the Contractor and You each agree not to disclose each other’s Confidential Information to any third party other than as set forth in the following sentence for a period of three five years from the date of the disclosing disclosi ng party’s disclosure of the Confidential Information to the receiving party; however, Oracle will hold protect the confidentiality of Your Confidential Information that resides within Content residing in the Services Environment in confidence for as long as such information resides in the Services EnvironmentServices. We each Each party may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreementthese Cloud STCs, and each party may disclose the other party’s Confidential Information in any legal proceeding or to a governmental entity as required by law. Oracle will protect the confidentiality of Your Content or Your Applications residing resident in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In additionThe parties acknowledge and agree that You and these Cloud STCs are subject to applicable freedom of information or open records law. Should You receive a request under such law for Oracle’s Confidential Information, Your Personal Data will be treated in accordance with You agree to give Oracle adequate prior notice of the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the request and before releasing Oracle’s Confidential Information to a governmental entity as required by lawthird party, in order to allow Oracle sufficient time to seek injunctive relief or other relief against such disclosure.
Appears in 1 contract
Nondisclosure. 10.1 11.1 By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications Data residing in the Cloud Services Environment, and all information clearly identified as confidential at the time of disclosure.
10.2 11.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 11.3 We each agree not to disclose each other’s Confidential Information to any third party other than as set forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle Synamedia will hold Your Confidential Information that resides within the Cloud Services Environment in confidence for as long as such information resides in the Cloud Services Environment. We each may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 12 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders Sales Orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law.
Appears in 1 contract
Sources: Cloud Services Agreement
Nondisclosure. 10.1 By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, and all information clearly identified as confidential at the time of disclosure.
10.2 A party’s Confidential Information shall not include information that: (aInformat(ai) is or becomes a part of the public ois nor bescohmaeslalparnt oof tthe piubnlicclude in domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We each agree not to disclose each other’s Confidential Information to any third party other than as set eInafocrmhatioon tto ▇▇▇▇▇ rthi’rdspartCy oothnerfthiadn easnsett ial forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the year Confidential Information to the receiving party; however, Oracle will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We each may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law.
Appears in 1 contract
Sources: Agreement
Nondisclosure. 10.1 9.1 By virtue of this Agreement, the parties both parties, and Oracle, may have access to information that is confidential to one another (“Confidential Information”). We each Both parties, and Oracle, agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, and all information clearly identified as confidential at the time of disclosure.
10.2 9.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We each 9.3 Subject to the Freedom of Information Act (“FOIA”) (5 U.S.C. §552), both parties, and Oracle, agree not to disclose each other’s Confidential Information to any third party other than as set forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We Both parties, and Oracle, each may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 10 below. Nothing shall prevent either any party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law. The parties acknowledge and agree that You and this Agreement are subject to FOIA. Should You receive a request under such law for Oracle’s Confidential Information, You agree to give Oracle adequate prior notice of the request and before releasing Oracle’s Confidential Information to a third party, in order to allow Oracle sufficient time to seek injunctive relief or other relief against such disclosure.
Appears in 1 contract
Sources: Oracle Cloud Services Agreement
Nondisclosure. 10.1 9.1. By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We The Parties each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information shall be limited to the terms and pricing under this Agreement, Your Customer Content and Your Applications residing in the Services Environment, and all information clearly identified as confidential at the time of disclosure.
10.2 9.2. A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We 9.3. The Parties each agree not to disclose each other’s Confidential Information to any third party other than as set forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle SWC will hold Your Customer Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We The Parties each may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle SWC will protect the confidentiality of Your Customer Content or Your Applications residing in the Services Environment in accordance with the Oracle SWC security practices defined as part of the Service Specifications applicable to Your Customer order. In addition, Your Customer Personal Data will be treated in accordance with the terms of Section 11 10 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law.
Appears in 1 contract
Sources: Cloud Services Agreement
Nondisclosure. 10.1 By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, and all information clearly identified as confidential at the time of disclosure.
10.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We each agree not to disclose each other’s Confidential Information to any third party other than as set forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle VIACCESS will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We each may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle VIACCESS will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle VIACCESS security practices defined as part of the Service Specifications SOW applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law.
Appears in 1 contract
Sources: Production Agreement
Nondisclosure. 10.1 By virtue a) Unless expressly authorized in writing by the other party, each party agrees to retain the other party’s Confidential Information (defined below) in confidence and will not copy or disclose such Confidential Information to any third party or use such Confidential Information for any purpose other than as permitted by the other party. Each party agrees to protect the other party’s Confidential Information disclosed to it to the same extent and in the same manner that it would protect its own Confidential Information, but in no event shall such efforts fall below a level of reasonable care. Confidential Information of one party may only be disclosed to the other party’s employees and then, only to the extent that such employees have a specific need to know of the Confidential Information. Before receiving any part of the other party’s Confidential Information, each party’s employees will be required to read this Agreement and acknowledge and agree to abide by their employer’s obligations hereunder.
b) Each party will notify the other party promptly upon discovery of the loss of any item containing the other party’s Confidential Information and of any circumstances of which it has knowledge surrounding any unauthorized possession, use or knowledge of the other party’s Confidential Information.
c) Notwithstanding any other provision of this Agreement, the parties may have access each party acknowledges that Confidential Information will not be deemed to include any information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance which:
i) Is or becomes publicly known through no wrongful act of obligations under this Agreement. Confidential information shall be limited to the terms a party;
ii) Is lawfully and pricing under this Agreementwithout breach of any agreement, Your Content and Your Applications residing in the Services Environment, and all information clearly identified as confidential at the time of disclosure.
10.2 A a party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of possession other than from disclosure by the other party; (b;
iii) was in the other party’s lawful possession prior Was independently developed by a party without breach of this Agreement.
d) Each party will be relieved of its obligation hereunder if and to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (cextent that Confidential Information:
i) is lawfully Is disclosed pursuant to the other party lawful requirement of a Governmental Agency, or disclosure is required by a third party without restriction on the disclosureoperation of law; or (dor
ii) is independently developed Is explicitly approved for release by written authorization by the other party.
10.3 We e) No license, express or implied, in the Confidential Information of one party shall be granted to the other party other than to use the information in the manner and to the extent authorized by this Agreement.
f) Notwithstanding termination of this Agreement, each agree not party’s duty to disclose each otherprotect the other party’s Confidential Information to any third party other than as set forth will remain in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle will hold Your Confidential Information that resides within the Services Environment in confidence for as long as full force and effect until such information resides in the Services Environmentis no longer Confidential Information. We The obligations of each may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required party under this paragraph 10 shall survive the termination of this Agreement. Oracle will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law.
Appears in 1 contract
Sources: Scheduled Services Agreement
Nondisclosure. 10.1 By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. To the extent permitted by law, Confidential information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, and all information clearly identified as confidential at the time of disclosure.
10.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We Subject to applicable law, we each agree not to disclose each other’s Confidential Information to any third party other than as set forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We each may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law. The parties acknowledge and agree that You and this Agreement are subject to applicable freedom of information or open records law. Should You receive a request under such law for Oracle’s Confidential Information, You agree to give Oracle adequate prior notice of the request and before releasing Oracle’s Confidential Information to a third party, in order to allow Oracle sufficient time to seek injunctive relief or other relief against such disclosure.
Appears in 1 contract
Nondisclosure. 10.1 8.1. By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We The parties each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information shall be limited to the terms and pricing under this Agreement, Your Content and Your Customer Content, Customer Applications residing in the Services EnvironmentORock Infrastructure, and the specifications or other details of the ORock Infrastructure made available to Customer, all information clearly identified as confidential at the time of disclosuredisclosure and all information that by its nature or the circumstances of its disclosure a reasonable person would conclude is confidential and/or proprietary. Other than Customer’s use of the Cloud Services, Customer shall not provide any Personal Data (except business card information of Customer representatives), personally identifiable information, personal health information or other similar information to ORock.
10.2 8.2. A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party, without the use of Confidential Information, as evidenced by written documentation.
10.3 We 8.3. The parties each agree not to disclose each other’s Confidential Information to any third party other than as set forth in the following sentence for a period of three five (5) years from the date termination of the disclosing party’s disclosure of the Confidential Information to the receiving partythis Agreement; however, Oracle will hold Your Customer’s Confidential Information that resides within the Services Environment Customer-Controlled Infrastructure shall not be available to ORock in confidence for unencrypted form, and ORock shall not itself provide any such Customer Content to a third party, except as long directed by Customer as such information resides in part of Customer’s use of the Services EnvironmentServices. We each Each party may disclose Confidential Information only in connection with the Services and then only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle ORock will protect the confidentiality of Your Customer Content or Your Customer Applications residing in the Services Environment ORock Infrastructure in accordance with the Oracle ORock security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 belowOrder(s).
8.4. Nothing shall prevent either party from disclosing the terms any information, including Customer Content or pricing Confidential Information under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by lawLaw; provided, however, in the event of the foregoing, the disclosing party shall provide advance written notification to the non- disclosing party.
Appears in 1 contract
Sources: Cloud Services Agreement
Nondisclosure. 10.1 By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, and all information clearly identified as confidential at the time of disclosure.
10.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We each agree not to disclose each other’s Confidential Information to any third party other than as set forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle Perigee will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We each may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle Perigee will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle Perigee security practices defined as part of the Service Specifications dpEngine Documentation applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law.
10.4 We are allowed to disclose the fact that You are a customer of Perigee. We are allowed to use your logo and/or company name on our website or earnings announcements listing you as a customer. We will not disclose any details of our relationship with you without your prior, written permission.
Appears in 1 contract
Sources: General Agreement
Nondisclosure. 10.1 9.1 By virtue of this Agreement, the parties both parties, and Oracle, may have access to information that is confidential to one another (“Confidential Information”). We each Both parties, and Oracle, agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, and all information clearly identified as confidential at the time of disclosure.
10.2 9.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We each 9.3 Subject to applicable law, both parties, and Oracle, agree not to disclose each other’s Confidential Information to any third party other than as set forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We Both parties, and Oracle, each may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 10 below. Nothing shall prevent either any party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law. The parties acknowledge and agree that You and this Agreement are subject to applicable freedom of information or open records law. Should You receive a request under such law for Oracle’s Confidential Information, You agree to give Oracle adequate prior notice of the request and before releasing Oracle’s Confidential Information to a third party, in order to allow Oracle sufficient time to seek injunctive relief or other relief against such disclosure.
Appears in 1 contract
Nondisclosure. 10.1 By virtue (i) The Receiving Party agrees: (A) to hold the Disclosing Party’s Confidential Information in confidence, to apply at least the standard of this Agreement, care used by the parties may have access to information that is confidential to one another (“Receiving Party in protecting its own Confidential Information”, but in no case less than a commercially reasonable standard of care, and to not disclose such Confidential Information to any third-party other than its Affiliates, agents or contractors or as set forth in Section 7(c). We each agree ; and (B) without the written permission of the Disclosing Party, not to disclose only information that is use the Confidential Information of the Disclosing Party except as required for the performance of to exercise its rights or perform its obligations under this Agreement. Confidential information shall be limited The Receiving Party agrees to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, and all information clearly identified as confidential at the time of disclosure.
10.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part limit disclosure of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We each agree not to disclose each otherDisclosing Party’s Confidential Information to those of its and its Affiliates’ employees, agents and contractors who need to know the same to accomplish the purposes of this Agreement, and who are bound by confidentiality obligations no less stringent than those in this Agreement. The Parties’ obligations in regard of any third party other than as set forth trade secrets included in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle will hold Your Confidential Information that resides within the Services Environment in confidence shall survive for as so long as such information resides trade secrets are protectable under applicable law.
(ii) The Parties acknowledge and agree that: (A) Internet transmission and cloud storage of data through the use of third-party providers or contractors carries inherent risks, and (B) Company’s compliance with the confidentiality obligations in this Section 7 does not constitute a guarantee against such risks.
(iii) The Receiving Party will promptly notify the Services Environment. We each may disclose Disclosing Party of incidents of which it becomes aware whereby the Disclosing Party’s Confidential Information only to those employees, agents within the Receiving Party’s custody or subcontractors who are required to protect it against control has been accessed or acquired by an unauthorized disclosure person in a manner no less protective than required under this Agreement. Oracle will protect that compromises the confidentiality of Your Content security, confidentiality, or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part integrity of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by lawdata.
Appears in 1 contract
Sources: Software License and Services Agreement (Netcapital Inc.)
Nondisclosure. 10.1 9.1. By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, and all information clearly identified as confidential at the time of disclosure.
10.2 9.2. A party’s Confidential Information shall not include information that: ; (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 9.3. We each agree not to disclose each other’s Confidential Information to any third party other than as set forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle ProActive will hold Your Confidential Information that resides within the Services ‘Environment in confidence for as long as such information resides in the Services Environment. We each may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle ProActive will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle ProActive security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 10 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law.
Appears in 1 contract
Nondisclosure. 10.1 8.1 By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information Information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, Agreement and all information clearly identified as confidential at the time of disclosure.
10.2 8.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We 8.3 Subject to the Freedom of Information Act (“FOIA”) (5 U.S.C. §552), we each agree not to disclose each other’s Confidential Information to any third party other than as those set forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, . Oracle will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We each may disclose Confidential Information only to those employees, employees or agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed submitted under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law. In the event You receive a valid request for Oracle’s confidential information pursuant to FOIA, You will provide Oracle with reasonable notice of such request and give Oracle an opportunity to object or limit any such disclosure.
8.4 To the extent You provide personal information to Oracle as part of any Service Offering(s) You have ordered under this Agreement, Oracle will comply with: SAMPLE
a. the relevant Oracle privacy policies applicable to the Service Offering(s), available at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/us/legal/privacy/overview/index.html;
b. the applicable administrative, physical, technical and other safeguards, and other applicable aspects of system and content management, available at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/us/corporate/contracts/; and
c. the applicable version of the Data Processing Agreement for Oracle Services (the “Data Processing Agreement”). The version of the Data Processing Agreement applicable to Your order is available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/corporate/contracts/cloud-services/contracts.html#data-processing and is incorporated herein by reference. The Data Processing Agreement does not apply to education services and Oracle Data Cloud services. Your order for Service Offering(s) may also contain additional or more specific privacy terms.
Appears in 1 contract
Nondisclosure. 10.1 8.1 By virtue of this the Master Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this the Master Agreement. Confidential information Information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, and all information clearly identified as confidential at the time of disclosure.
10.2 8.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We 8.3 Subject to applicable law, we each agree not to disclose each other’s Confidential Information to any third party other than as those set forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We each may disclose Confidential Information only to those employees, employees or agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this the Master Agreement. Oracle will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this the Master Agreement or orders placed submitted under this the Master Agreement in any legal proceeding arising from or in connection with this the Master Agreement or from disclosing the Confidential Information to a governmental entity as required by law. In the event You receive a valid request for Oracle’s Confidential Information pursuant to applicable law, You will provide Oracle with reasonable notice of such request and give Oracle an opportunity to object to or limit any such disclosure.
8.4 To the extent You provide personal information to Oracle as part of any Service Offerings You have ordered under the Master Agreement, Oracle will comply with:
a. the relevant Oracle privacy policies applicable to the Service Offerings, available at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/us/legal/privacy/overview/index.html;
b. the applicable administrative, physical, technical and other safeguards, and other applicable aspects of system and content management, available at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/us/corporate/contracts/; and
c. the applicable version of the Data Processing Agreement for Oracle Services (the “Data Processing Agreement”). The version of the Data Processing Agreement applicable to Your order is available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/corporate/contracts/cloud-services/contracts.html#data-processing and is incorporated herein by reference. The Data Processing Agreement does not apply to education services and Oracle Data Cloud services under Schedule D. Your order for Service Offerings may also contain additional or more specific privacy terms.
Appears in 1 contract
Sources: Ordering Document
Nondisclosure. 10.1 By virtue of this AgreementYour order and these Cloud STCs, Oracle, the parties Contractor and You may have access disclose to each other information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information shall be limited to the terms and pricing under this Agreementthese Cloud STCs and Your order, Your Content and Your Applications residing in the Services EnvironmentServices, and all information clearly identified as confidential at the time of disclosure.
10.2 . A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We . Subject to the Freedom of Information Act (“FOIA”) (5 U.S.C. §552), Oracle, the Contractor and You each agree not to disclose each other’s Confidential Information to any third party other than as set forth in the following sentence for a period of three five years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle will hold protect the confidentiality of Your Confidential Information that resides within Content residing in the Services Environment in confidence for as long as such information resides in the Services EnvironmentServices. We each Each party may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreementthese Cloud STCs, and each party may disclose the other party’s Confidential Information in any legal proceeding or to a governmental entity as required by law. Oracle will protect the confidentiality of Your Content or Your Applications residing resident in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In additionThe parties acknowledge and agree that You and these Cloud STCs are subject to FOIA. Should You receive a request under such law for Oracle’s Confidential Information, Your Personal Data will be treated in accordance with You agree to give Oracle adequate prior notice of the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the request and before releasing Oracle’s Confidential Information to a governmental entity as required by lawthird party, in order to allow Oracle sufficient time to seek injunctive relief or other relief against such disclosure.
Appears in 1 contract
Nondisclosure. 10.1 By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information shall be limited to include the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, and all information clearly identified as confidential at the time of disclosure.
10.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We each agree not to disclose each other’s Confidential Information to any third party other than as set forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle Hoplon Solutions will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We each may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle Hoplon Solutions will protect the confidentiality of Your Personal Data and Your Content or Your Applications residing in the Services Environment in accordance with the Oracle Hoplon Solutions security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law.
Appears in 1 contract
Sources: Service Agreement
Nondisclosure. 10.1 8.1 By virtue of this the Master Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this the Master Agreement. Confidential information Information shall be limited to the terms and pricing under this Agreement, Your Content the Master Agreement and Your Applications residing in orders submitted under the Services Environment, Master Agreement and all information clearly identified as confidential at the time of disclosure.
10.2 8.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 8.3 We each agree not to disclose each other’s Confidential Information to any third party other than as those set forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We each Each party may disclose Confidential Information only to those employees, employees or agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this the Master Agreement. Oracle will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this the Master Agreement or orders placed submitted under this the Master Agreement in any legal proceeding arising from or in connection with this the Master Agreement or from disclosing the Confidential Information to a governmental entity as required by law.
8.4 To the extent You provide Personal Information (as that term is defined in the applicable data privacy policies and the Data Processing Agreement (as defined below)) to Oracle as part of any Service Offerings You have ordered under the Master Agreement, Oracle will comply with:
a. the relevant Oracle privacy policies applicable to the Service Offerings, available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/legal/privacy;
b. the applicable administrative, physical, technical and other safeguards, and other applicable aspects of system and content management, available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/contracts; and
c. the applicable version of the Data Processing Agreement for Oracle Services (the “Data Processing Agreement”). The version of the Data Processing Agreement applicable to Your order is available at ▇▇▇▇▇://▇▇▇▇▇▇.▇▇▇/contracts/cloud-services and is incorporated herein by reference. The Data Processing Agreement does not apply to education services and Oracle Data Cloud services under Schedule D. Your order for Service Offerings may also contain additional or more specific privacy terms.
Appears in 1 contract
Sources: Master Agreement
Nondisclosure. 10.1 8.1 By virtue of this Agreement, the parties may have access to information that is confidential to one another (“"Confidential Information”"). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information Information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, and all information clearly identified as confidential at the time of disclosureconfidential.
10.2 8.2 A party’s 's Confidential Information shall not include information that: (aA) is or becomes a part of the public domain through no act or omission of the other party; (bB) was in the other party’s 's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (cC) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (dD) is independently developed by the other party.
10.3 8.3 We each agree not to disclose hold each other’s 's Confidential Information to any third party other than as set forth in the following sentence confidence for a period of three five (5) years from the date of the disclosing party’s disclosure of the Confidential Information disclosure. Also, we each agree to the receiving party; however, Oracle will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such disclose confidential information resides in the Services Environment. We each may disclose Confidential Information only to those employees, employees or agents or subcontractors who are required to access it in furtherance of this Agreement and who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 belowdisclosure. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed submitted under this Agreement in any legal proceeding arising from or in connection with this Agreement Agreement.
8.4 If the Receiving Party or from disclosing any of its Representatives is compelled by applicable Law to disclose any Confidential Information, then, to the extent permitted by applicable Law, the Receiving Party shall: (A) promptly, and prior to such disclosure, notify the Disclosing Party in writing of such requirement so that the Disclosing Party can seek a protective order or other remedy or waive its rights under Section 8.2; and (B) provide reasonable assistance to the Disclosing Party in opposing such disclosure or seeking a protective order or other limitations on disclosure. If the Disclosing Party waives compliance or, after providing the notice and assistance required under this Section 8.4, the Receiving Party remains required by Law to disclose any Confidential Information, the Receiving Party will disclose only that portion of the Confidential Information that the Receiving Party is legally required to a governmental entity as required by lawdisclose and, on the Disclosing Party's request, will use commercially reasonable efforts to obtain assurances from the applicable court or other presiding authority that such Confidential Information will be afforded confidential treatment.
Appears in 1 contract
Sources: End User License Agreement
Nondisclosure. 10.1 3.1 By virtue of this Agreement, the parties may have access to disclose information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for To the performance of obligations under this Agreement. extent permitted by law, Confidential information Information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services EnvironmentServices, and all information clearly identified as confidential at the time of disclosure. For the purposes of this Agreement, the Service Provider’s Confidential Information also includes all its Subcontractors’ information clearly identified by or on behalf of Oracle or the Service Provider as confidential at the time of disclosure.
10.2 3.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We 3.3 Subject to applicable law, each agree party agrees not to disclose each otherthe other party’s Confidential Information to any third party other than as set forth in the following sentence for a period of three five years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle the Service Provider will hold protect the confidentiality of Your Confidential Information that resides within Content residing in the Services Environment in confidence for as long as such information resides in the Services EnvironmentServices. We each Each party may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized unauthorised disclosure in a manner no less protective than required under this Agreement, and each party may disclose the other party’s Confidential Information in any legal proceeding or to a governmental entity as required by law. Oracle will protect the The confidentiality of Your Content or Your Applications residing in the Services Environment will be protected in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under .
3.4 The parties acknowledge and agree that You and this Agreement may be subject to applicable freedom of information or orders placed open records law. Should You receive a request under this Agreement in any legal proceeding arising from such law for the Service Provider or in connection with this Agreement or from disclosing its Subcontractors’ Confidential Information, You agree to give the Service Provider adequate prior notice of the request and before releasing Confidential Information to a governmental entity as required by lawthird party, in order to allow the Service Provider and the applicable Subcontractor sufficient time to seek injunctive relief or other relief against such disclosure.
Appears in 1 contract
Sources: Cloud Services Agreement
Nondisclosure. 10.1 By virtue of this Agreement, the parties each party may have access to information that of the other party which is considered confidential to one another (“Confidential and proprietary. For convenience, all such information will be called "Proprietary Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information ." Proprietary Information shall be limited to the terms and pricing under this Agreementinclude source code materials, Your Content and Your Applications residing in the Services Environmentif any, and all other information provided by either party in written or other tangible form and clearly identified marked as confidential at proprietary or confidential. Notwithstanding the time of disclosure.
10.2 A party’s Confidential foregoing, Proprietary Information shall not include information that: (which a) is or becomes a part of the public domain through no act or omission of the other receiving party; (b) was in the other receiving party’s 's lawful possession prior to the disclosure and had not been obtained subject to limitations on disclosure; c) is lawfully disclosed hereafter to the receiving party by a third party who did not acquire the other party either information directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We each agree not to disclose each other’s Confidential Information to any third party other than as set forth in . The parties agree, both during the following sentence term of this Agreement and for a period of three (3) years from after termination or expiration of this Agreement, that all Proprietary Information owned solely by one party and disclosed to the date other party shall remain solely the property of the disclosing party’s disclosure of , and its confidentiality shall be maintained and protected by the Confidential Information other party with the same effort used to protect its own confidential information. Except to the receiving party; howeverextent required by this Agreement, Oracle will hold Your Confidential both parties agree not to duplicate in any manner the other's Proprietary Information that resides within for any purpose other than the Services Environment in confidence for as long as such information resides in the Services Environment. We each may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under implementation of this Agreement. Oracle will protect Nothing in this Agreement shall be construed to limit either party's right to independently develop software which is functionally similar to the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined other party's products, so long as part proprietary information of the Service Specifications applicable other party is not used in such development. Results of benchmark, performance, or timing tests involving Licensee's hardware and /or software platform and run by Licensor may not be disclosed unless Licensee consents to Your ordersuch disclosure in writing. In addition, Your Personal Data will be treated in accordance with Licensee and Licensor shall not disclose the terms and conditions of Section 11 below. Nothing shall prevent this Agreement; provided however, that either party from disclosing the may disclose such terms or pricing under this Agreement or orders placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as and conditions (a) when required by law, and (b) to its professional advisors and financial professionals. For news release or public announcements regarding this Agreement, each party will obtain consent from the other party prior to publication. Such consent shall not be unreasonably withheld.
Appears in 1 contract
Nondisclosure. 10.1 8.1 By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this the Agreement. Confidential information Information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, Agreement and all information clearly identified as confidential at the time of disclosure.
10.2 8.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 8.3 We each agree not to disclose each other’s Confidential Information to any third party other than as those set forth in the following sentence for a period of three years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, . Oracle will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We each may disclose Confidential Information only to those employees, employees or agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders placed submitted under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law.
8.4 To the extent You provide personal information to Oracle as part of any Service Offering(s) You have ordered under this Agreement, Oracle will comply with:
a. the relevant Oracle privacy policies applicable to the Service Offering(s), available at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/us/legal/privacy/overview/index.html;
b. the applicable administrative, physical, technical and other safeguards, and other applicable aspects of system and content management, available at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/us/corporate/contracts/; and
c. the applicable version of the Data Processing Agreement for Oracle Services (the “Data Processing Agreement”). The version of the Data Processing Agreement applicable to Your order is available at ▇▇▇▇▇://▇▇▇.▇▇▇▇▇▇.▇▇▇/corporate/contracts/cloud-services/contracts.html#data-processing and is incorporated herein by reference. The Data Processing Agreement does not apply to education services and Oracle Data Cloud services. Your order for Service Offering(s) may also contain additional or more specific privacy terms.
Appears in 1 contract
Nondisclosure. 10.1 7.1 By virtue of this Agreementthese Terms and Conditions, Oracle, Owner and You (collectively, the parties "parties") may have access to information that is confidential to one another (“"Confidential Information”"). We each You and Owner agree to disclose only information that is required for the performance of obligations under this Agreementthese Terms and Conditions. Confidential information Information shall be limited to the terms these Terms and pricing under this AgreementConditions, Your Content and Your Applications residing in the Services Environment, Environment and all information clearly identified as confidential at the time of disclosure.
10.2 7.2 A party’s 's Confidential Information shall not include information that: that (a) is or becomes a part of the public domain through no act or omission of the other another party; (b) was in the other another party’s 's lawful possession prior to the disclosure and had has not been obtained by the such other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.
10.3 We each 7.3 You and Owner agree not to disclose each other’s another party's Confidential Information to any third party other than as set forth in the following sentence for a period of three years from the date of the disclosing party’s 's disclosure of the Confidential Information to the receiving party; however, Oracle will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We each Each party may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreementthese Terms and Conditions. Oracle will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle applicable security practices defined as part of the Service Specifications applicable to Your orderpractices. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 8 below. Nothing shall prevent either a party from disclosing the terms or pricing under this Agreement or orders placed under this Agreement any of these Terms and Conditions in any legal proceeding arising from or in connection with this Agreement these Terms and Conditions or from disclosing the Confidential Information to a governmental entity as required by law.
7.4 Oracle has agreed to similar provisions in its Agreement with Owner, but these Terms and Conditions do not create a contractual obligation running from Oracle to You.
Appears in 1 contract
Sources: Master Construction Agreement
Nondisclosure. 10.1 3.1 By virtue of this Agreement, the parties may have access to disclose information that is confidential to one another (“"Confidential Information”"). We each agree to disclose only information that is required for To the performance of obligations under this Agreement. extent permitted by law, Confidential information Information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services EnvironmentServices, and all information clearly identified as confidential at the time of disclosure.
10.2 3.2 A party’s 's Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s 's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party
3.3 Subject to applicable law, each party by a third party without restriction on the disclosure; or (d) is independently developed by agrees not to disclose the other party.
10.3 We each agree not to disclose each other’s 's Confidential Information to any third party other than as set forth in the following sentence for a period of three five years from the date of the disclosing party’s 's disclosure of the Confidential Information to the receiving party; however, Oracle will hold protect the confidentiality of Your Confidential Information that resides within Content residing in the Services Environment in confidence for as long as such information resides in the Services EnvironmentServices. We each Each party may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement, and each party may disclose the other party's Confidential Information in any legal proceeding or to a governmental entity as required by law. Oracle will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle security practices defined as part of the Service Specifications applicable to Your order. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 below. Nothing shall prevent either party from disclosing the terms or pricing under The parties acknowledge and agree that You and this Agreement are subject to applicable freedom of information or orders placed open records law. Should you receive a request under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing such law for Oracle's Confidential Information, You agree to give Oracle adequate prior notice of the request and before releasing Oracle's Confidential Information to a governmental entity as required by lawthird party, in order to allow Oracle sufficient time to seek injunctive relief or other relief against such disclosure.
Appears in 1 contract
Nondisclosure. 10.1 9.1 By virtue of this Agreement, the parties may have access to information that is confidential to one another (“Confidential Information”). We each agree to disclose only information that is required for the performance of obligations under this Agreement. Confidential information shall be limited to the terms and pricing under this Agreement, Your Content and Your Applications residing in the Services Environment, and all information clearly identified as confidential at the time of disclosure.
10.2 9.2 A party’s Confidential Information shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on the disclosure; or (d) is independently developed by the other party.through
10.3 9.3 We each agree not to disclose each other’s Confidential Information to any third party other than as set forth in the following sentence for a period of three (3) years from the date of the disclosing party’s disclosure of the Confidential Information to the receiving party; however, Oracle Extreme will hold Your Confidential Information that resides within the Services Environment in confidence for as long as such information resides in the Services Environment. We each may disclose Confidential Information only to those employees, agents or subcontractors who are required to protect it against unauthorized disclosure in a manner no less protective than required under this Agreement. Oracle Extreme will protect the confidentiality of Your Content or Your Applications residing in the Services Environment in accordance with the Oracle Extreme security practices defined as part of the Service Specifications applicable to Your orderOrdering Document. In addition, Your Personal Data will be treated in accordance with the terms of Section 11 10 below. Nothing shall prevent either party from disclosing the terms or pricing under this Agreement or orders Ordering Documents placed under this Agreement in any legal proceeding arising from or in connection with this Agreement or from disclosing the Confidential Information to a governmental entity as required by law.
Appears in 1 contract
Sources: Cloud Services Agreement