Common use of Property Rights; Confidentiality Clause in Contracts

Property Rights; Confidentiality. 5.1 The SOFTWARE and DOCUMENTATION is proprietary to Siemens. SOFTWARE and DOCUMENTATION may contain trade secrets of Siemens and may be subject to patent and/or copyright protection. The names of the SOFTWARE are subject to proprietary protection. VIEWRAY will comply with the rights under this Section 5.1. VIEWRAY shall not remove alphanumerical identification numbers, trademarks and copyright notices from the SOFTWARE and/or the DOCUMENTATION. 5.2 VIEWRAY shall keep confidential the SOFTWARE, DOCUMENTATION and additional information it has received from Siemens. This obligation shall not apply to such portion of the SOFTWARE, DOCUMENTATION or additional information which are or become part of the public domain or which are in the VIEWRAY’s possession prior to receipt from Siemens or which are received by VIEWRAY independently from a third party free to disclose them or which are subsequently developed by VIEWRAY independently from submission by Siemens as shown through conclusive evidence.