Common use of Scope of Proprietary Information Clause in Contracts

Scope of Proprietary Information. In the performance of their respective responsibilities pursuant to these Terms and Conditions, HEALTHeLINK and Participants may come into possession of certain proprietary information of the other. For the purposes hereof, “Proprietary Information” means all trade secrets, business plans, marketing plans, know-how, data, contracts, documents, scientific and medical concepts, member and customer lists, costs, financial information, profits and xxxxxxxx, and referral sources, existing or future services, products, operations, management, pricing, financial status, goals, strategies, objectives, and agreements of HEALTHeLINK and the Participant, whether written or verbal, that are confidential in nature; provided, however, that Proprietary Information shall not include any information that: (a) is in the public domain; (b) is already known or obtained by any other party other than in the course of the other party’s performance pursuant to the Participation Agreement or these Terms and Conditions; (c) is independently developed by any other party; and/or (d) becomes known from an independent source having the right to disclose such information and without similar restrictions as to disclosure and use and without breach of the Participation Agreement or these Terms and Conditions, or any other confidentiality or nondisclosure agreement by such other party.

Scope of Proprietary Information. In the performance of their respective responsibilities pursuant to these Terms and Conditions, HEALTHeLINK HealtheConnections and Participants may come into possession of certain proprietary information Proprietary Information of the other. For the purposes hereof, “Proprietary Information” means all trade secrets, business plans, marketing plans, know-how, data, contracts, documents, scientific and medical concepts, member and customer lists, costs, financial information, profits and xxxxxxxx, and referral sources, existing or future services, products, operations, management, pricing, financial status, goals, strategies, objectives, and agreements of HEALTHeLINK HealtheConnections and the Participant, whether written or verbal, that are confidential in nature; provided, however, that Proprietary Information shall not include any information that: (a) is in the public domain; (b) is already known or obtained by any other party other than in the course of the other party’s performance pursuant to the Participation Agreement or these Terms and Conditions; (c) is independently developed by any other party; and/or (d) becomes known from an independent source having the right to disclose such information and without similar restrictions as to disclosure and use and without breach of the Participation Agreement or these Terms and Conditions, or any other confidentiality or nondisclosure agreement by such other party.

Scope of Proprietary Information. In the performance of their respective responsibilities pursuant to these Terms and Conditions, HEALTHeLINK HEALTHeNET and Participants Data Recipients may come into possession of certain proprietary information of the other. For the purposes hereof, “Proprietary Information” means all trade secrets, business plans, marketing plans, know-how, data, contracts, documents, scientific and medical concepts, member and customer lists, costs, financial information, profits and xxxxxxxx, and referral sources, existing or future services, products, operations, management, pricing, financial status, goals, strategies, objectives, and agreements of HEALTHeLINK HEALTHeNET and the ParticipantData Recipient, whether written or verbal, that are confidential in nature; provided, however, that Proprietary Information shall not include any information that: (a) is in the public domain; (b) is already known or obtained by any other party other than in the course of the other party’s performance pursuant to the Participation Data Use Agreement or these Terms and Conditions; (c) is independently developed by any other party; and/or (d) becomes known from an independent source having the right to disclose such information and without similar restrictions as to disclosure and use and without breach of the Participation Data Use Agreement or these Terms and Conditions, or any other confidentiality or nondisclosure agreement by such other party.