Common use of Disclosure and Confidentiality Clause in Contracts

Disclosure and Confidentiality. Confidential Information Each party and its employees or agents may be exposed to or may acquire information that is proprietary or confidential to the other party. Each party shall hold such “Confidential Information” in strict confidence and shall not disclose any such information to any third party. Confidential Information includes but is not limited to: (a) any technical information, design, process, procedure, formula, or improvement, as well as any formulae, specifications, designs, business or work processes and procedures, instructions, and other data relating to the development, production of any work done specifically for the Customer; (b) any business plans and financial information of the other party; and (c) any information labeled as “confidential,” all regardless of whether such information would be protected under the common law. Non-Confidential Information Notwithstanding the preceding provision, Confidential Information does not include:  Information that at the time of disclosure is, without fault of the recipient, available to the public by publication or otherwise;  Information that either party can show was in its possession at the time of disclosure and was not acquired, directly or indirectly, from the other;  Information received from a third party with the right to transmit same without violation of any secrecy agreement with the other party; and  Information that must be disclosed pursuant to court order or by law. Confidential Agreement No copy of this MSA, Service Attachments, quotes, discussions, negotiations, terms or conditions, pricing, or any other information relating to this MSA may be disclosed to any third party, except by reason of legal, accounting or regulatory requirements, without the prior written consent of the parties hereto. Information Releases Notwithstanding the preceding provisions, Provider may publicly refer to Customer, orally and in writing, as a Customer of Provider. Any other reference to Customer by Provider may be made only pursuant to a written agreement between the parties.

Disclosure and Confidentiality. Confidential Information Each During the course of performance under this agreement, either party and its employees or agents may be exposed to or may acquire information that is the other’s proprietary or confidential to the other partyinformation. Each party of us shall hold all such “Confidential Information” in strict confidence and shall not disclose any such information to any third party, except where it is required by law to do so, without your express written consent. Confidential Information includes but is not limited to: (a) any technical informationwith respect to Provider, designProviders’ unpublished prices for Services, processaudit and security reports, procedure, formula, or improvement, as well as any formulae, specifications, designs, business or work processes and procedures, instructions, server configuration designs and other data relating to the developmentproprietary technology, production of any work done specifically for the Customer; (b) any business plans and financial information of the other party; with respect to Client, content transmitted to or from, or stored by Client on, Provider’ servers, and (c) any with respect to both parties, other information labeled that is conspicuously marked as “confidential,” all regardless or if disclosed in non-tangible form, is verbally designated as “confidential” at the time of whether such information would be protected under the common lawdisclosure and confirmed as confidential in a written notice given within one (1) day of disclosure. Non-Confidential Information Notwithstanding the preceding provision, Confidential Information does not include:  • Information that at the time of disclosure is, without fault of the recipient, available to the public by publication or otherwise;  • Information that either party can show was in its possession at the time of disclosure and was not acquired, directly or indirectly, from the other;  • Information received from a third party with the right to transmit same without violation of any secrecy agreement with the other party; and  • Information that must be disclosed pursuant to court order or by law. Confidential Agreement No copy of this MSA, Service Attachments, quotes, discussions, negotiations, terms or conditions, pricingconditions relating to the MSA, or any other information relating to this MSA may be disclosed to any third party, except by reason of legal, accounting or regulatory requirements, without the prior written consent of the parties hereto. Information Releases Notwithstanding the preceding provisions, Provider may publicly refer to CustomerClient, orally and in writing, as a Customer Client of Provider. Any other reference to Customer Client by Provider may be made only pursuant to a written agreement between the parties.

Disclosure and Confidentiality. Confidential Information Each During the course of performance under this agreement, either party and its employees or agents may be exposed to or may acquire information that is the other’s proprietary or confidential to the other partyinformation. Each party of us shall hold all such “Confidential Information” in strict confidence and shall not disclose any such information to any third party, except where it is required by law to do so, without your express written consent. Confidential Information includes but is not limited to: (a) any technical informationwith respect to Provider, designProvider’s unpublished prices for Services, processaudit and security reports, procedure, formula, or improvement, as well as any formulae, specifications, designs, business or work processes and procedures, instructions, server configuration designs and other data relating to the developmentproprietary technology, production of any work done specifically for the Customer; (b) any business plans and financial information of the other party; with respect to Client, content transmitted to or from, or stored by Client on, Provider’ servers, and (c) any with respect to both parties, other information labeled that is conspicuously marked as “confidential,” all regardless or if disclosed in non-tangible form, is verbally designated as “confidential” at the time of whether such information would be protected under the common lawdisclosure and confirmed as confidential in a written notice given within one (1) day of disclosure. Non-Confidential Information Notwithstanding the preceding provision, Confidential Information does not include:  • Information that at the time of disclosure is, without fault of the recipient, available to the public by publication or otherwise;  • Information that either party can show was in its possession at the time of disclosure and was not acquired, directly or indirectly, from the other;  • Information received from a third party with the right to transmit same without violation of any secrecy agreement with the other party; and  • Information that must be disclosed pursuant to court order or by law. Confidential Agreement No copy of this MSA, Service Attachments, quotes, discussions, negotiations, terms or conditions, pricingconditions relating to the MSA, or any other information relating to this MSA may be disclosed to any third party, except by reason of legal, accounting or regulatory requirements, without the prior written consent of the parties hereto. Information Releases Notwithstanding the preceding provisions, Provider may publicly refer to CustomerClient, orally and in writing, as a Customer Client of Provider. Any other reference to Customer Client by Provider may be made only pursuant to a written agreement between the parties.

Disclosure and Confidentiality. Confidential Information Each party and its employees or agents During the course of performance under this agreement, either Party may be exposed to or may acquire information that is the other’s proprietary or confidential to the other partyinformation. Each party of us shall hold all such “Confidential Information” in strict confidence and shall not disclose any such information to any third third-party. Confidential Information includes but is not limited to: (a) any technical informationwith respect to Provider, designProvider’s unpublished prices for Services, processaudit and security reports, procedure, formula, or improvement, as well as any formulae, specifications, server/network configuration designs, passwords, all business plans, technical information or work processes data, product ideas, methodologies, calculation algorithms and procedures, instructionsanalytical routines, and other data relating to the developmentproprietary technology, production of any work done specifically for the Customer; (b) any business plans and financial information of the other party; with respect to Client, content transmitted to or from, or stored by Client on, Provider’ servers, and (c) any with respect to both Parties, other information labeled that is conspicuously marked as “confidential,” all regardless or if disclosed in non-tangible form, is verbally designated as “confidential” at the time of whether such information would be protected under the common lawdisclosure and confirmed as confidential in a written notice given within one (1) day of disclosure. Non-Confidential Information Notwithstanding the preceding provision, Confidential Information does not include:  • Information that at the time of disclosure is, without fault of the recipient, available to the public by publication or otherwise;  • Information that either party Party can show was in its possession at the time of disclosure and was not acquired, directly or indirectly, from the other;  • Information received from a third third-party with the right to transmit same without violation of any secrecy agreement with the other partyParty; and  • Information that must be disclosed pursuant to court order or by law. Confidential Agreement No copy of this MSA, any Service Attachments, quotesOrder or Schedule of Services, discussions, negotiations, terms or conditionsconditions relating to the MSA, pricingService Order or Schedule of Services, or any other information relating to this MSA or any Service Order or Schedule of Services may be disclosed to any third third-party, except by reason of legal, accounting or regulatory requirements, without the prior written consent of the parties Parties hereto. Information Releases Notwithstanding the preceding provisions, Provider may publicly refer to CustomerClient, orally and in writing, as a Customer Client of Provider. Any other reference to Customer Client by Provider may be made only pursuant to a written agreement between the partiesParties.