Common use of Ownership and Confidentiality Clause in Contracts

Ownership and Confidentiality. CA Europe, or its licensors, owns all right, title and interest to the CA Offerings, Deliverables, and feedback provided by Customer, CA Europe’s or its licensors’ intellectual property, and any modifications or derivatives thereof (“CA Intellectual Property”). The parties agree that any Confidential Information (as defined below) that is exchanged will only be used for purposes relating to this Agreement, and that it will be protected in the same manner that Customer, or CA Europe and/or Local CA (as applicable), would protect its own information of a similar nature, but in no less than reasonable means. The parties agree that “Confidential Information” means Customer Data, either party’s intellectual property, and any other information that a reasonable person would deem to be confidential. Except where prohibited by law, the following is not considered Confidential Information: (i) information which has been authorized in writing to use without restriction; (ii) information which is rightfully in a party’s possession or becomes known to a party through proper means; and (iii) information which is independently developed without use or reference to the Confidential Information of the other party.