Non-Disclosure. 11.1 The contracting partner undertakes to keep secret any information of which the contracting partner becomes aware in connection with the purchase order or supply, to the extent such information is not in the public domain or has not otherwise come to be lawfully in the hands of the contracting partner. Any information the contracting partner may become aware of shall only be used by it for the purpose of fulfilling the contract. The contracting partner has to protect such information from being accessed by third parties and to also impose this non- disclosure obligation on the contracting partner’s employees, vicarious agents and subcontractors to whom the information has been entrusted. This non-disclosure obligation shall survive the termination of the contract.
Non-Disclosure. 12.1 Each party shall treat the business and trade secrets of the other party as confidential, and, in particular, shall not disclose them to third parties or exploit them for their own business purposes without authorization. The parties shall also impose this obligation on their employees and agents.
12.2 The duty of non-disclosure shall not apply to information, which, at the time of its disclosure,
12.3 After the end of the contractual relationship, each party shall return all confidential information belonging to the other party, whether in tangible or digital form, on its own initiative or destroy such information at the request of the party from which it origi- nated or irrevocably delete it – to the extent that this is techni- cally possible at a reasonable expense.
12.4 The parties shall comply with data protection rules, particularly if they are granted access to operations or to the IT equipment of the other party. They shall take suitable measures to ensure that their employees and agents also comply with these provisions.
Non-Disclosure. (1) The parties will treat all business secretes as confidential, including the contents of this con- tract and all other information classified as confi- dential from the respective other party (hereinaf- ter referred to as “confidential information”). The receiving party shall treat confidential infor- mation with the same care they treat their own confidential information of the same sensitivity, or at least with the appropriate care of a profes- sional businessperson.
(2) The use of confidential information is re- stricted to use related to this contract. Without prior approval by the other party, the transfer of confidential information to third parties shall not be permitted. Approval shall be provided in writ- ten form. Excluded from third parties are related companies of the parties and business consul- tors which are legally obligated to non-disclo- sure.
(3) To the extent that it is required by applicable legal obligations, the data receiver has the right to disclose and transfer confidential information. If legally permissible, the data receiver shall inform the other party prior to the disclosure of confiden- tial information.
(4) The parties shall task their employees or third parties to whom confidential information is trans- ferred with the confidential treatment of this in- formation as part of their respective service or employment contract, so that the obligation of non-disclosure continues even after termination of the respective service or employment con- tract, unless a general obligation of non-disclo- sure has already been agreed upon.
(5) Excluded from the obligation of non-disclo- sure is information:
a. which has already been generally known or bekannt waren oder nachträglich ohne Ver- stoß gegen die in diesem Vertrag enthaltenen Verpflichtungen zur Vertraulichkeit allgemein bekannt wurden;
b. die der Empfänger unabhängig von diesem Vertrag entwickelt hat; oder
c. der Empfänger von Dritten oder außerhalb dieses Vertrags von der anderen Partei ohne Vertraulichkeitsverpflichtung erhalten hat.
d. Der Nachweis für das Vorliegen der in diesem Absatz genannten Ausnahmen obliegt der Partei, die sich auf die Ausnahme beruft.
(6) Mit Beendigung dieses Vertrags werden die Parteien in ihrem Besitz befindliche vertrauliche Informationen der jeweils anderen Partei auf Auf- forderung dieser Partei herausgeben oder lö- schen. Hiervon ausgenommen sind vertrauliche Informationen, für die eine längere gesetzliche Aufbewahrungspflicht besteht sowie ...
Non-Disclosure. 11.1 All information, knowledge, results, data, and documents that THE CONTRACTOR receives from THE PURCHASER or in any way acquires from THE PURCHASER in the context of and/or in the course of performance of contracts entered into or in the pre-contractual phase (RFQ, purchase order, etc.) (hereinafter referred to as "CONFIDENTIAL INFORMATION") shall be subject to non-disclosure regardless of how such information is em- bodied, regardless of the manner in which it is communicated or the way it is acquired (e.g. as an unencrypted e- mail), and regardless of whether it is expressly designated or marked as subject to non-disclosure (e.g. as "confi- dential" or "secret"). This includes without limitation all know-how, patent rights and other industrial property rights, source code, and other intellectual property rights provided and all other information that is not publicly available which THE CONTRACTOR acquires from THE PURCHASER.
11.2 THE CONTRACTOR agrees to preserve the secrecy of CONFIDENTIAL INFORMATION as an industrial and trade secret within the meaning of the Act Against Unfair Competition even after the termination of the contract and to use it only for purposes of the pre-contractual phase (RFQ, purchase order, etc.) and for any contract entered into and the performance thereof, and only within the limits envisaged by these General Terms and by contracts entered into. Its disclosure within THE CONTRACTOR'S organization shall be limited to that which is necessary for the pre-contractual phase (RFQ, purchase order, etc.) and for performance of the contract (disclosure on strict "need-to-know" basis).
11.3 THE CONTRACTOR is required to take all necessary action to prevent third parties from gaining access to CONFIDENTIAL INFORMATION. "Access" shall include without limitation direct or indirect disclosure to third par- ties, whether gratuitously or for consideration, as well as viewing or examination by third parties.
11.4 No other use by THE CONTRACTOR and no disclosure by it to third parties is permitted without THE PURCHASER'S express prior written consent.
11.5 THE CONTRACTOR shall ensure that all natural and juridical persons who acquire knowledge of CONFIDENTIAL INFORMATION in connection with the pre-contractual phase (RFQ, purchase order, etc.) or in the course of per- formance of contracts entered into are bound by non-disclosure obligations analogous to those set forth herein. THE CONTRACTOR shall ensure that, to the extent legally possible,...