Residual Information. Notwithstanding anything to the contrary herein, each Party and the members of such Party’s Group shall be free to use for any purpose the Residual Information resulting from access Representatives of such Party or the members of its Group have had to confidential and proprietary information concerning the other Party or any member of the other Party’s Group. The Parties acknowledge and understand that the foregoing does not constitute a license under any Intellectual Property.
Residual Information. Neither party is required to restrict work assignments of its Representatives who have had access to Confidential Information. Each party agrees that the use of information retained in Representatives’ unaided memories in the development or deployment of the parties’ respective products or services does not create liability under this Agreement or trade secret law, and each party agrees to limit what it discloses to the other accordingly.
Residual Information. Notwithstanding anything to the contrary in this Article V or in Section 2.5, nothing in this Agreement shall preclude the Service Provider Party (and its Affiliates) under any Services Agreement from using any general information, ideas, concepts, know-how, techniques, programming routines and subroutines, methodologies, processes, skills, or expertise (collectively, “Residual Information”) which such Service Provider Party’s (and its Affiliates’) employees or contractors retain in their unaided memory and derive from the provision of the Services under such Services Agreement, and which are no more than skillful variations of general processes known to the computer data processing and/or information technology industries (and, as such, are neither proprietary, confidential, nor trade secret information); provided, however, that the Service Provider Party (including its Affiliates) under such Services Agreement does not breach its confidentiality obligations under Section 5.1 with respect to personally identifiable information.
Residual Information. The Receiving Party may disclose, publish, disseminate and use the ideas, concepts, know-how and techniques, related to the Receiving Party’s business activities, which are contained in the Confidential Information disclosed by the Disclosing Party and retained in the unaided memories of the Receiving Party’s employees who have access to such Confidential Information pursuant to this Article IX (such Confidential Information, “Residual Information”); provided that nothing contained in this Section 9.05 gives the Receiving Party the right to disclose, publish or disseminate, except as set forth elsewhere in this Article IX:
(a) the source of Residual Information;
(b) any financial, statistical or personnel data of the Disclosing Party; or
(c) the business plans of the Disclosing Party.
Residual Information. The recipient may disclose, publish, disseminate, and use the ideas, concepts, know-how and techniques, related to the Recipient's business activities, which are contained in the Discloser's information and retained in the memories of Recipient's employees who have had access to the Information pursuant to this Agreement (Residual Information). Nothing contained in this Section gives the Recipient the right to disclose, publish, or disseminate, except as set forth elsewhere in this Agreement:
Residual Information. Access to Confidential Information hereunder shall not preclude an individual who has seen or been exposed to such Confidential Information for the purposes of this Agreement from working on future projects for the Receiving Party which are not prohibited hereunder and which relate to similar subject matters, provided that such individual does not make reference to any document or other tangible media containing the Confidential Information. Furthermore, nothing contained herein shall be construed as imposing any restriction on the Receiving Party's disclosure or use of any general learning, skills, or know-how developed by the Receiving Party's personnel under this Agreement, if such disclosure and use would be regarded by a person of ordinary skill in the relevant area as not constituting a disclosure or use of the Confidential Information.
Residual Information. Notwithstanding Section 13.1 above, a party receiving Confidential Information shall not be in breach of its confidentiality obligations under Section 13.1 for the inadvertent use of the disclosing party’s Residual Information for the receiving party’s own business purposes by personnel who no longer has access to any tangible (including machine-readable) embodiments of the applicable Confidential Information of the disclosing party; provided, however, that the foregoing shall not apply to any disclosure of the disclosing party’s Confidential Information to any third parties, or any use of such Confidential Information by such third parties. This Section 13.4 shall not be deemed to (a) grant to the receiving party a license under any intellectual property rights (excluding trade secrets) of the disclosing party or (b) authorize any use of the tangible (including machine-readable) embodiments of any Confidential Information of the disclosing party.
Residual Information. Provided that the Recipient and its Affiliates do not disclose Residual Information (as defined below) and, without implying or granting any license under any patent and copyright of the Disclosing Party and its Affiliates, the Recipient and its Affiliates shall not be in breach of their obligations under this Section 10 in the event of any use of any idea, concept, know-how or technique contained in the Disclosing Party's Sensitive Information retained in the unaided memories of any employee of the Recipient and its Affiliates who has had legitimate access to the Sensitive Information (“Residual Information”).
Residual Information. Despite anything to the contrary in this Agreement and subject to Discloser’s patents, copyrights, mask work rights, and right to file a patent on Discloser’s solely created intellectual property, Recipient may use Residual Information for any purpose. Recipient must maintain the confidentiality of Residual Information in the same manner as for Confidential Information entitled to protection under this Agreement. The term “Residual Information” means ideas, concepts, know-how, experience, techniques, or any combination thereof contained in Discloser’s Confidential Information that are retained in the unaided memory of Recipient’s employees as a result of access to that Confidential Information authorized under this Agreement. However, a person's memory is not unaided if they intentionally memorize such Confidential Information so as to reduce it to a non-tangible form for the purpose of creating Residual Information. No party has any obligation to limit or restrict the assignment of such individual or to pay royalties for any work resulting from the use of Residual Information.
Residual Information. 9.3.1 Notwithstanding Section 9.1, Recipient shall not be liable to Discloser for the inadvertent use of Discloser’s Residual Information for Recipient’s own business purposes by Recipient’s personnel who no longer have access to any tangible (including machine-readable) embodiments of any Confidential Information of Discloser; provided, however, that the foregoing shall not release or excuse Recipient from any liability to Discloser for any disclosure of Discloser’s Confidential Information by Recipient to any other Persons, including Recipient’s former personnel, or any use of such Confidential Information by such other Persons. This Section 9.3.1 shall not be deemed to (A) grant to Recipient a license under any Patents, Copyrights or other Intellectual Property Rights (excluding Trade Secrets) of Discloser or (B) authorize any use of the tangible (including machine-readable) embodiments of any Confidential Information of Discloser.
9.3.2 Notwithstanding Section 9.2, Receiving Parent shall not be liable to Disclosing Parent for the inadvertent use of Disclosing Parent’s Residual Information for Receiving Parent’s own business purposes by Receiving Parent’s personnel who no longer have access to any tangible (including machine-readable) embodiments of any Parent Confidential Information of Disclosing Parent; provided, however, that the foregoing shall not release or excuse Receiving Parent from any liability to Disclosing Parent for any disclosure of Disclosing Parent’s Parent Confidential Information by Receiving Parent to any other Persons, including Receiving Parent’s former personnel, or any use of such Parent Confidential Information by such other Persons. This Section 9.3.2 shall not be deemed to (A) grant to Receiving Parent a license under any Patents, Copyrights or other Intellectual Property Rights (excluding Trade Secrets) of Disclosing Parent or (B) authorize any use of the tangible (including machine-readable) embodiments of any Parent Confidential Information of Disclosing Parent.
