Nondisclosure. 16.1. The Parties shall maintain the confidentiality of both the existence and content of their contractual relationships as well as all know-how, data and other information of which they become aware in whatsoever form (collectively hereinafter referred to as “know-how etc.”) and shall only make use thereof for the purpose of the related Individual Orders.
16.2. The Parties shall deal with the know-how etc. belonging to the other Party with the same care with which they deal with their own confidential information and restrict publication of the know-how etc. to employees or other auxiliary persons who are required to be aware of such know-how etc. The Parties shall not provide know-how etc. to others and/or make it public in another way, unless they have obtained prior written consent to do so. However, B&R is allowed to provide such know-how etc. to B&R Industrial Automation GmbH, its parent company.
16.3. The Parties shall ensure that employees and third parties, including group companies, are subject to and comply with similar confidentiality obligations that are no less stringent than the obligations that apply to the Parties in accordance with these GTC. This confidentiality obligation survives the termination of the respective Individual Order with a period of five (5) years. Know-how etc. that is publicly accessible or that becomes publicly accessible without being attributable to the receiving party, is not considered confidential information. The Parties shall identify the know-how etc. that shall be confidential information as such as much as possible. 17 Code of Conduct Purchaser must comply with the Code of Conduct of ABB, which is retrievable at https://global.abb/group/en/about/integrity/standards/abb-code-of-conduct .
