Common use of Proprietary Rights and Confidentiality Clause in Contracts

Proprietary Rights and Confidentiality. (a) BMC, its Affiliates or licensors retain all right, title and interest to the Technology and all related intellectual property and proprietary rights. The Product and all third party software provided with the Product are protected by applicable copyright, trade secret, industrial and other intellectual property laws. User may not remove any product identification, copyright, trademark or other notice from the Product. BMC reserves any rights not expressly granted to User in this Agreement. (b) “Confidential Information” means all proprietary or confidential information that is disclosed to User by BMC, and includes, among other things (i) any and all information relating to products or services, including, without limitation, software code, flow charts, techniques, specifications, development and marketing plans, strategies, forecasts, and proposal related documents and responses; (ii) as to BMC, and its licensors, the Product (excluding portions of the Documentation that BMC makes publicly available) and any third party software provided with the Product; and (iii) the terms of this Agreement. Confidential Information does not include information that User can show: (a) was rightfully in User’s possession without any obligation of confidentiality before receipt from BMC; (b) is or becomes a matter of public knowledge through no fault of User; (c) is rightfully received by User from a third party without violation of a duty of confidentiality; or (d) is independently developed by or for User. User may not disclose Confidential Information of BMC to any third party or use the Confidential Information in violation of this Agreement. User (i) will exercise the same degree of care and protection with respect to the Confidential Information of BMC that it exercises with respect to its own Confidential Information and (ii) will not, either directly or indirectly, disclose, copy, distribute, republish, or allow any third party to have access to any Confidential Information of BMC. Notwithstanding the foregoing, User may disclose BMC’s Confidential Information to User’s employees and agents who have the need to know provided that such employees and agents have legal obligations of confidentiality substantially the same (and in no case less protective) as the provisions of this Agreement. (c)

Proprietary Rights and Confidentiality. (a) BMC, its Affiliates or licensors retain all right, title and interest to the Technology Product, Support and all related intellectual property and proprietary rights. The Product and all third party software provided with the Product are protected by applicable copyright, trade secret, industrial and other intellectual property laws. User may not remove any product identification, copyright, trademark or other notice from the Product. BMC reserves any rights not expressly granted to User Customer in this Agreement. (b) “Confidential Information” means all proprietary or confidential information that is disclosed to User the recipient (“Recipient”) by BMCthe discloser (“Discloser”), and includes, among other things (i) any and all information relating to Discloser financial information, customers, employees, products or services, including, without limitation, software code, flow charts, techniques, specifications, development and marketing plans, strategies, forecasts, and proposal related documents and responses; (ii) as to BMC, and its licensors, the Product (excluding portions of the Documentation that BMC makes publicly publically available) and any third party software provided with the Product; and (iii) the terms of this Agreement, including without limitation, Product pricing information. Confidential Information does not include information that User Recipient can show: (a) was rightfully in UserRecipient’s possession without any obligation of confidentiality before receipt from BMCthe Discloser; (b) is or becomes a matter of public knowledge through no fault of UserRecipient; (c) is rightfully received by User Recipient from a third party without violation of a duty of confidentiality; or (d) is independently developed by or for UserRecipient. User Recipient may not disclose Confidential Information of BMC Discloser to any third party or use the Confidential Information in violation of this Agreement. User The Recipient (i) will exercise the same degree of care and protection with respect to the Confidential Information of BMC the Discloser that it exercises with respect to its own Confidential Information and (ii) will not, either directly or indirectly, disclose, copy, distribute, republish, or allow any third party to have access to any Confidential Information of BMCthe Discloser. Notwithstanding the foregoing, User Recipient may disclose BMCDiscloser’s Confidential Information to UserRecipient’s employees and agents who have the need to know provided that such employees and agents have legal obligations of confidentiality substantially the same (and in no case less protective) as the provisions of this Agreement. (c)

Proprietary Rights and Confidentiality. (a) BMC, its Affiliates or licensors retain all right, title and interest to the Technology Product, Support and all related intellectual property and proprietary rights. The Product and all third party software provided with the Product are protected by applicable copyright, trade secret, industrial and other intellectual property laws. User Customer may not remove any product identification, copyright, trademark or other notice from the Product. BMC reserves any rights not expressly granted to User Customer in this Agreement. (b) “Confidential Information” means all proprietary or confidential information that is disclosed to User the recipient (“Recipient”) by BMCthe discloser (“Discloser”), and includes, among other things (i) any and all information relating to Discloser financial information, customers, employees, products or services, including, without limitation, ,software code, flow charts, techniques, specifications, development and marketing plans, strategies, and forecasts, and proposal related documents and responses; (ii) as to BMC, and its licensors, the Product (excluding portions of the Documentation that BMC makes publicly available) and any third party software provided with the Product; and (iii) the terms of this Agreement, including without limitation, Product pricing information. Confidential Information does not include information that User Recipient can show: (a) was rightfully in UserRecipient’s possession without any obligation of confidentiality before receipt from BMCthe Discloser; (b) is or becomes a matter of public knowledge through no fault of UserRecipient; (c) is rightfully received by User Recipient from a third party without violation of a duty of confidentiality; or (d) is independently developed by or for UserRecipient. User Recipient may not disclose Confidential Information of BMC Discloser to any third party or use the Confidential Information in violation of this Agreement. User The Recipient (i) will exercise the same degree of care and protection with respect to the Confidential Information of BMC the Discloser that it exercises with respect to its own Confidential Information and (ii) will not, either directly or indirectly, disclose, copy, distribute, republish, or allow any third party to have access to any Confidential Information of BMCthe Discloser. Notwithstanding the foregoing, User Recipient may disclose BMCDiscloser’s Confidential Information to UserRecipient’s employees and agents who have the need to know provided that such employees and agents have legal obligations of confidentiality substantially the same (and in no case less protective) as the provisions of this Agreement. (c)

Proprietary Rights and Confidentiality. (a) BMC, its Affiliates Affiliates or licensors retain all right, title and interest to the Technology and all related intellectual property and proprietary rights. The Product and all third party software provided with the Product are protected by applicable copyright, trade secret, industrial and other intellectual property laws. User may not remove any product identificationidentification, copyright, trademark or other notice from the Product. BMC reserves any rights not expressly granted to User in this Agreement. (b) “Confidential Confidential Information” means all proprietary or confidential confidential information that is disclosed to User by BMC, and includes, among other things (i) any and all information relating to products or services, including, without limitation, software code, flow flow charts, techniques, specificationsspecifications, development and marketing plans, strategies, forecasts, and proposal related documents and responses; (ii) as to BMC, and its licensors, the Product (excluding portions of the Documentation that BMC makes publicly available) and any third party software provided with the Product; and (iii) the terms of this Agreement. Confidential Confidential Information does not include information that User can show: (a) was rightfully in User’s possession without any obligation of confidentiality confidentiality before receipt from BMC; (b) is or becomes a matter of public knowledge through no fault of User; (c) is rightfully received by User from a third party without violation of a duty of confidentialityconfidentiality; or (d) is independently developed by or for User. User may not disclose Confidential Confidential Information of BMC to any third party or use the Confidential Confidential Information in violation of this Agreement. User (i) will exercise the same degree of care and protection with respect to the Confidential Confidential Information of BMC that it exercises with respect to its own Confidential Confidential Information and (ii) will not, either directly or indirectly, disclose, copy, distribute, republish, or allow any third party to have access to any Confidential Information of BMC. Notwithstanding the foregoing, User may disclose BMC’s Confidential Information to User’s employees and agents who have the need to know provided that such employees and agents have legal obligations of confidentiality substantially the same (and in no case less protective) as the provisions of this Agreement. (c)allow

Proprietary Rights and Confidentiality. (a) BMC, its Affiliates or licensors retain all right, title and interest to the Technology Product, Support and all related intellectual property and proprietary rights. The Product and all third party software provided with the Product are protected by applicable copyright, trade secret, industrial and other intellectual property laws. User Customer may not remove any product identification, copyright, trademark or other notice from the Product. BMC reserves any rights not expressly granted to User Customer in this Agreement. (b) “Confidential Information” means all proprietary or confidential information that is disclosed to User the recipient (“Recipient”) by BMCthe discloser (“Discloser”), and includes, among other things (i) any and all information relating to Discloser financial information, customers, employees, products or services, including, without limitation, software code, flow charts, techniques, specifications, development and marketing plans, strategies, forecasts, and proposal related documents and responses; (ii) as to BMC, and its licensors, the Product (excluding portions of the Documentation that BMC makes publicly available) and any third party software provided with the Product; and (iii) the terms of this Agreement, including without limitation, Product pricing information. Confidential Information does not include information that User Recipient can show: (a) was rightfully in UserRecipient’s possession without any obligation of confidentiality before receipt from BMCthe Discloser; (b) is or becomes a matter of public knowledge through no fault of UserRecipient; (c) is rightfully received by User Recipient from a third party without violation of a duty of confidentiality; or (d) is independently developed by or for UserRecipient. User Recipient may not disclose Confidential Information of BMC Discloser to any third party or use the Confidential Information in violation of this Agreement. User The Recipient (i) will exercise the same degree of care and protection with respect to the Confidential Information of BMC the Discloser that it exercises with respect to its own Confidential Information and (ii) will not, either directly or indirectly, disclose, copy, distribute, republish, or allow any third party to have access to any Confidential Information of BMCthe Discloser. Notwithstanding the foregoing, User Recipient may disclose BMCDiscloser’s Confidential Information to UserRecipient’s employees and agents who have the need to know provided that such employees and agents have legal obligations of confidentiality substantially the same (and in no case less protective) as the provisions of this Agreement. (c)

Proprietary Rights and Confidentiality. (a) BMCBRIGHT, its Affiliates or licensors retain all right, title and interest to the Technology Product, Support and all related intellectual property and proprietary rights. The Product and all third party software provided with the Product are protected by applicable copyright, trade secret, industrial and other intellectual property laws. User may not remove any product identification, copyright, trademark or other notice from the Product. BMC BRIGHT reserves any rights not expressly granted to User Customer in this Agreement. , (b) “Confidential Information” Information means all proprietary or confidential information that is disclosed to User the recipient ( "Recipient ") by BMCthe discloser ( "Discloser "), and includes, among other things (i) any and all information relating to Discloser financial information, customers, employees, products or services, including, without limitation, software code, flow charts, techniques, specifications, development and marketing plans, strategies, forecasts, and proposal related documents and responses; (ii) as to BMCBRIGHT, and its licensors, the Product (excluding portions of the Documentation that BMC BRIGHT makes publicly publically available) and any third party software provided with the Product; and (iii) the terms of this Agreement, including without limitation, Product pricing information. Confidential Information does not include information that User Recipient can show: (a) was rightfully in User’s Recipient's possession without any obligation of confidentiality before receipt from BMCthe Discloser; (b) is or becomes a matter of public knowledge through no fault of UserRecipient; (c) is rightfully received by User Recipient from a third party without violation of a duty of confidentiality; or (d) is independently developed by or for UserRecipient. User Recipient may not disclose Confidential Information of BMC Discloser to any third party or use the Confidential Information in violation of this Agreement. User The Recipient (i) will exercise the same degree of care and protection with respect to the Confidential Information of BMC the Discloser that it exercises with respect to its own Confidential Information and (ii) will not, either directly or indirectly, disclose, copy, distribute, republish, or allow any third party to have access to any Confidential Information of BMCthe Discloser. Notwithstanding the foregoing, User Recipient may disclose BMC’s Discloser's Confidential Information to User’s Recipient's employees and agents who have the need to know provided that such employees and agents have legal obligations of confidentiality substantially the same (and in no case less protective) as the provisions of this Agreement. , (c)