Protection and Use. The receiving party will:
a. protect Confidential Information by the same means it uses to protect its own (and always by at least reasonable means); and
b. use Confidential Information only as required for the purposes of the Agreement.
Protection and Use. 3.1 You shall use commercially reasonable efforts to protect the proprietary rights of AGI with respect to third parties, reporting promptly any infringements of which You become aware and cooperating with AGI in its efforts to protect its proprietary rights. Except as expressly provided in this Addendum, the Software License Agreement or a separate agreement, AGI does not grant You or your End-Users any rights or licenses under AGI’s patents, copyrights, trademarks or other intellectual property rights.
3.2 You shall not remove any copyright notice of AGI or its suppliers, disclaimers, or other forms of attribution contained in the Development Products.
Protection and Use. Each party will use a reasonable degree of care to maintain all Confidential Information of the other party in trust and confidence and will neither disclose to any third party nor use any Confidential Information of the other party for any unauthorized purpose or without the other party's express prior written consent. Each party may only disclose Confidential Information of the other party to those of recipient’s employees and representatives on a need-to-know basis and only to those employees and representatives who have signed a non-use and non-disclosure agreement in content at least as protective as the provisions hereof, and may use such Confidential Information only to the extent required to accomplish the Purpose. Confidential Information may not be used for any purpose or in any manner that would constitute a violation of any laws or regulations, including, without limitation, the export control laws of the United States. No rights or licenses to intellectual property in Confidential Information is granted by either party under this Agreement, whether express, implied or otherwise. All Confidential Information will remain the property of the disclosing party (and its licensors, if any). All Confidential Information disclosed under this Agreement is provided on an “AS IS” basis. ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARE HEREBY DISCLAIMED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, AND THOSE ARISING BY STATUTE OR FROM A COURSE OF DEALING OR USAGE FOR TRADE.
Protection and Use. The Customer shall provide the Okuma with the Information, provided that:
a) Okuma shall hold the Information in strict confidence and shall allow access to and disclose the Information only to those of its employees having a justifiable “need to know” to carry out the purpose described above.
b) Okuma shall not use the Information or any part thereof provided by The Customer for any purpose other than the purpose described above.
c) Okuma shall not disclose the Information to any third party without the consent of the Customer.
d) Okuma shall ensure that all of its employees to whom the Information is provided are made aware of and comply with the obligations of Okuma under this Agreement.
e) Okuma shall protect the Information by using the same procedures and standard of care which Okuma uses to protect its own proprietary and confidential information. Okuma shall provide the Customer with the Information, provided that:
a) The Customer shall hold the Information in strict confidence and shall allow access to and disclose the Information only to those of its employees having a justifiable “need to know” to carry out the purpose described above.
b) The Customer shall not use the Information or any part thereof provided by Okuma for any purpose other than the purpose described above.
c) The Customer shall not disclose the Information to any third party without the consent of Okuma.
d) The Customer shall ensure that all of its employees to whom the Information is provided are made aware of and comply with the obligations of the Customer under this Agreement.
e) The Customer shall protect the Information by using the same procedures and standard of care which The Customer uses to protect its own proprietary and confidential information.
Protection and Use. The Retailer shall take any and all steps necessary to ensure that Lottery Product(s) and Equipment are operated only by authorized personnel, is protected from hazard or physical damage, is maintained properly, is safeguarded from tampering, abuse or unauthorized use and that the Lottery will be promptly notified of mechanical defects, problems or unauthorized movement or disconnecting of Lottery equipment. Proper notification and approval from the Lottery is required to remove, relocate, disconnect or relocate Lottery equipment. The Retailer shall be responsible for any loss or damage to property of the Lottery which results from a negligent or willful act or omission of the Retailer or which results from the failure on the part of the Retailer to maintain and administer that property in accordance with sound management practices. The Retailer shall maintain insurance coverage as set forth in Section 3.5 of this Contract.
Protection and Use. 10.1 You shall use commercially reasonable efforts to protect the proprietary rights of AGI with respect to third parties, reporting promptly any infringements of which You become aware and cooperating with AGI in its efforts to protect its proprietary rights. Except as expressly provided in this Agreement, or a separate agreement, AGI does not grant You or your End-Users any rights or licenses under AGI’s patents, copyrights, trademarks or other intellectual property rights.
10.2 You shall not remove any copyright notice of AGI or its suppliers, disclaimers, or other forms of attribution contained in the Software.
Protection and Use. 18.1 You shall use commercially reasonable efforts to protect the proprietary rights of AGI with respect to third parties, reporting promptly any infringements of which You become aware and cooperating with AGI in its efforts to protect its proprietary rights. Except as expressly provided in this Agreement or a separate agreement, AGI does not grant You or your End-Users any rights or licenses under AGI’s patents, copyrights, trademarks or other intellectual property rights.
18.2 You shall not remove any copyright notice of AGI or its suppliers, disclaimers, or other forms of attribution contained in STK, the STK Engine or any of the STK Development Kits.
Protection and Use. 2.1 The receiving Party shall hold each item of proprietary information so received in confidence for a period of ten (10) years after the expiration of this Agreement. During such period, the receiving Party shall use such information only in connection with the purpose of this Agreement and shall make such information available only to its employees having a "need to know" with respect to said purposes. In connection therewith, the Parties shall advise each such employee of the obligations under this Agreement. Except when authorized in writing by the disclosing Party, the receiving Party shall not otherwise use or disclose such information during the aforesaid period. Said proprietary information may, with the other Party's consent be disclosed by the receiving Party to the cognizant U.S. Government agency in connection with proposals related to the Program; provided, however, any such disclosure shall bear the restrictive legend as applicable of FAR 15.609, Limited Use of Data, or FAR 52.215-1(e), Restriction on Disclosure and Use of Data, in effect on the effective date of Agreement, or a successor provision substantially the same. No Data provided under this Agreement shall be delivered under a contract or otherwise made subject to a contract "rights in data" clause.
2.2 The standard of care for protecting such information, imposed on the Party receiving such information, will be that degree of care the receiving Party uses to prevent disclosure, publication or dissemination of its own proprietary information, providing it uses a reasonable standard of care.
2.3 Neither Party shall be liable for the inadvertent or accidental disclosure of proprietary information if such disclosure occurs despite the exercise of the same degree of reasonable care as such Party normally takes to preserve its own such Data or information.
2.4 Neither Party hereto shall, without the prior written consent of the other, use in whole or in part proprietary information disclosed by the other to manufacture or enable manufacture by third Parties of the disclosing Party's products, products similar thereto, or products derived therefrom. The information disclosed and all copies thereof shall, upon the expiration or termination of this Agreement, be returned to the respective disclosing Party or destroyed and a written certificate of destruction provided to the disclosing Party.
2.5 This Agreement will not preclude either Party from working with others in any connection so long...
Protection and Use. Contractor will not, at any time, whether during or after the termination of this Agreement, reveal to any person or entity any Proprietary Information or any information of any third party that Gensym is obligated to keep confidential (including but not limited to trade secrets or confidential information with respect to Inventions, products, designs, methods, know-how, techniques, systems, processes, software programs, works of authorship, customer lists, projects, plans, and proposals). Contractor also agrees not to use or attempt to use any Proprietary Information in any manner which may injure or cause loss or may be calculated to injure or cause loss whether directly or indirectly to Gensym.
Protection and Use. Each party will keep confidential and not disclose to any third parties at any time any Confidential Information of the other (or its Affiliate) obtained by it in the course of the performance of this Agreement, except that this restriction shall not apply to information that: (a) is or becomes publicly available other than as a result of a breach of this Agreement by the recipient party; (b) the recipient party acquires from a third party who owes no known obligations of confidence in respect thereof; or (c) was already known to the recipient party at the time it received it from the disclosing party, as shown by the disclosing party’s prior written records. For clarity, each party may disclose the other party’s Confidential Information to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out that party's obligations under this Agreement. Each party shall procure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this Section 6.
