Common use of Data Access and Proprietary Information Clause in Contracts

Data Access and Proprietary Information. 5.1 The Funds acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Funds by the Bank as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by the Bank on data bases under the control and ownership of the Bank or other third party ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank or other third party. In no event shall Proprietary Information be deemed Customer Data. The Funds agrees to treat all Proprietary Information as proprietary to the Bank and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Funds agrees for itself and its employees and agents: (a) to access Customer Data solely from locations as may be designated in writing by the Bank and solely in accordance with the Bank's applicable user documentation; (b) to refrain from copying or duplicating in any way the Proprietary Information; (c) to refrain from obtaining unauthorized access to any portion of the Proprietary Information, and if such access is inadvertently obtained, to inform in a timely manner of such fact and dispose of such information in accordance with the Bank's instructions; (d) to refrain from causing or allowing third-party data acquired hereunder from being retransmitted to any other computer facility or other location, except with the prior written consent of the Bank;

Data Access and Proprietary Information. 5.1 7.1 The Funds Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Funds Fund by the Bank BFDS as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by the Bank BFDS on data bases under the control and ownership of the Bank or other third party BFDS ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank BFDS or other third party. In no event shall Proprietary Information be deemed Customer Data. The Funds Fund agrees to treat all Proprietary Information as proprietary to the Bank BFDS and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Funds Fund agrees for itself and its employees and agents: (a) to access Customer Data solely from locations as may be designated in writing by BFDS and agreed to by the Bank Fund and solely in accordance with the Bank's BFDS' applicable user documentation; ; (b) to refrain from copying or duplicating in any way the Proprietary Information; ; (c) to refrain from obtaining unauthorized access to any portion of the Proprietary Information, and if such access is inadvertently obtained, to inform in a timely manner of such fact and dispose of such information in accordance with the Bank's BFDS' instructions; ; (d) to refrain from causing or allowing third-party the data acquired hereunder from being retransmitted to any other computer facility or other location, except with the prior written consent of the Bank;being

Data Access and Proprietary Information. 5.1 5.01 The Funds Fund acknowledges that the data bases, computer programs, screen formats, report formats, interactive design techniques, and documentation manuals furnished to the Funds Fund by the Bank SFM as part of the Fund's ability to access certain Fund-related data ("Customer Data") maintained by the Bank SFM on data bases under the control and ownership of the Bank SFM or other third party ("Data Access Services") constitute copyrighted, trade secret, or other proprietary information (collectively, "Proprietary Information") of substantial value to the Bank SFM or other third party. In no event shall Proprietary Information be deemed Customer Data. The Funds Fund agrees to treat all Proprietary Information as proprietary to the Bank SFM and further agrees that it shall not divulge any Proprietary Information to any person or organization except as may be provided hereunder. Without limiting the foregoing, the Funds Fund agrees for itself and its employees and agents: (a) to access Customer Data solely from locations as may be designated in writing by the Bank SFM and solely in accordance with the BankSFM's applicable user documentation; (b) to refrain from copying or duplicating in any way the Proprietary Information; (c) to refrain from obtaining unauthorized access to any portion of the Proprietary Information, and if such access is inadvertently obtained, to inform SFM in a timely manner of such fact and dispose of such information in accordance with the BankSFM's instructions; (d) to refrain from causing or allowing third-party data acquired hereunder from being retransmitted to any other computer facility or other location, except with the prior written consent of the Bank;