Exceptions to Duty. This Agreement does not restrict disclosure or use of information otherwise qualifying as Proprietary Information if the receiving party can show that any one of the following conditions exists.
Exceptions to Duty. The obligations of Articles 3 and 4 shall not apply to Confidential Information that:
Exceptions to Duty. Microsoft's obligations under Section 12(a) will not apply to any infringement claim that is based on your (1)
Exceptions to Duty. MICROSOFT will have no liability for any claim, including any intellectual property infringement claim (including any Infringement Claim or Patent Claim) based on COMPANY's (i) distribution or use of any product or Mark after MICROSOFT's notice that COMPANY if cease distribution, or xxx of such product or Mark due to such a claim; (ii) combination of a product with any othex xxoduct, program or data; or (iii) adaptation or modification of any product. All claims described in this Section will be deemed Company Claims for which COMPANY will have those obligations set forth in Section 7.2 below.
Exceptions to Duty. Notwithstanding the foregoing, this Agreement does not restrict disclosure or use of any information which would otherwise be considered "Proprietary Information” if the receiving Party can demonstrate:
Exceptions to Duty. MICROSOFT shall have no liability for any claim, including any intellectual property infringement claim (including any Infringement Claim or Patent Claim) based on COMPANY's use of any Mark xxxer MICROSOFT's notice that COMPANY should cease use of such Mark xxx to such a claim. All claims described in this Section 8.1(b) shall be deemed Company Claims for which COMPANY shall have those obligations set forth in Section 8.2 below.
Exceptions to Duty. The restrictions contained in article 4 above shall not apply with respect to any Proprietary Information which the Recipient may prove that it: has come into the public domain prior to or after the disclosure thereof and in such case through no fault of the Recipient; or is already known to the Recipient, as evidenced by written documentation in the files of the Recipient; or has been received from a third party without fault by that third party; or is independently developed in good faith by employees of the Recipient who did not have access to the Proprietary Information; its disclosure has been approved by written authorization of the Discloser; or information was required to be released pursuant to applicable law, governmental regulation, legal order, notice, subpoena, investigative demand or similar directive provided that the Recipient first, to the extent permitted by law, gives the Discloser sufficient notice to provide it with a reasonable opportunity to seek injunctive or other similar equitable relief to prevent disclosure or to obtain a protective order to govern such disclosure. The fact that individual elements of a Disclosing Party's Proprietary Information may be in the public domain shall not relieve the Receiving Party of its obligations under this Agreement unless the specific combination or combinations of elements as disclosed in the Proprietary Information is available to the public.
Exceptions to Duty. This Agreement imposes no obligation upon Recipient with respect to information that: (a) was in Recipient's possession before receipt from the Discloser; (b) is or becomes a matter of public knowledge through no fault of Recipient; (c) is rightfully received by the Recipient from a third party without a duty of confidentiality; (d) is disclosed by the Discloser to a third party without a duty of confidentiality on the third party; (e) is disclosed under operation of law after all reasonable means have been afforded to the -------------------------------------------------------------------------------- Page 5 Novell/Company Confidential -------------------------------------------------------------------------------- Discloser to protect the information; or, (g) is disclosed by Recipient with Discloser's prior written approval.
Exceptions to Duty. The restriction on use, release, disclosure and return of Proprietary Information shall not apply to data or information that:
