Exclusions to Confidential Information. For purposes of this Confidentiality Agreement, Confidential Information does not include information that:
Exclusions to Confidential Information. For the purposes of this clause 30 (Confidentiality), the term "Confidential Information" shall not include information which:
Exclusions to Confidential Information. For purposes of this Agreement, “Confidential Information” will not include information or material which (a) enters the public domain (other than as a result of a breach of this Agreement); (b) was in the receiving party’s possession prior to its receipt from the disclosing party; (c) is independently developed by the receiving party without the use of Confidential Information; or (d) is obtained by the receiving party from a third party under no obligation of confidentiality to the disclosing party. The receiving party will be entitled to use for any purpose any Residual Information obtained as a result of this Agreement, provided that the receiving party will not disclose Confidential Information of the disclosing party except as expressly permitted pursuant to the terms of this Agreement. The term “Residual Information” means the ideas, know-how and techniques retained in the unaided memories of the receiving party's personnel who have had access to the Confidential Information of the disclosing party in the course of this Agreement. The receiving party will not have any obligation to limit or restrict the assignment of such persons or to pay royalties for any work resulting from the use of Residual Information. However, this sub-paragraph will not be deemed to grant to the receiving party a license under the disclosing party’s copyrights or patents. Section 7 of this Agreement and any business associate agreement Customer requires Ventiv to execute will govern all use and protection of Customer Data.
Exclusions to Confidential Information. Information shall not be considered Confidential Information to the extent that it is:
Exclusions to Confidential Information. Confidential Information of either Party shall exclude information that:
Exclusions to Confidential Information. The obligation of confidentiality with respect to Confidential Information will not apply to any information:
Exclusions to Confidential Information. Confidential Information shall not include information that (a) was in the public domain, in its entirety in a unified form, at the time of disclosure to the Receiving Party; (b) was known by the Receiving Party prior to its disclosure by the Disclosing Party; (c) becomes part of the public domain after the date of disclosure by the Disclosing Party through no fault of the Receiving Party; or, (d) is disclosed by a third party to the Receiving Party after the date of disclosure by the Disclosing Party, where the third party did not require the Receiving Party to hold such information in confidence and did not acquire such information directly or indirectly from the Disclosing Party;
Exclusions to Confidential Information. The term Confidential Information does not include information which:
Exclusions to Confidential Information. Information (other than Disclosed Source Code) shall not be considered to be Confidential Information to the extent such information: (a) has been, is now, or later becomes publicly available through no fault of the Receiving Party; (b) has been, is now, or later becomes rightfully learned by the Receiving Party or its related companies from a third party which has received it lawfully and without restrictions on disclosure or use; (c) was known to the Receiving Party or its related companies prior to the date it received such information from the Disclosing Party and is not subject to other restrictions on disclosure or use; or (d) has been, is now, or later is developed independently by the Receiving Party or its related companies, without use of or resort to any Confidential Information. If only a portion of the Confidential Information falls under one of the subsections above, then only that portion shall be excluded from the definition of Confidential Information. If a Receiving Party claims that Confidential Information falls under one of the above subsections, such Receiving Party has the burden of establishing the fact of such exception by clear and convincing evidence.
Exclusions to Confidential Information. Confidential Information will not include information which (a) was in the Receiving Party’s possession without a confidentiality restriction prior to the disclosure by the Disclosing Party hereunder, as shown by the Receiving Party with contemporaneous written records; (b) at or after the time of disclosure by the Disclosing Party becomes generally available to the public through no act or omission on the Receiving Party’s part; (c) is developed by the Receiving Party independently of and without reference or access to any Confidential Information it receives from the Disclosing Party, as shown by the Receiving Party with contemporaneous written records; (d) has come into the possession of the Receiving Party without a confidentiality restriction from a third party and such third party is under no obligation to the Disclosing Party to maintain the confidentiality of such information; (e) the Disclosing Party has given written permission to the Receiving Party to disclose, or (f) any patent application filed pursuant to Article 4 above.
