Common use of Protection and Security Clause in Contracts

Protection and Security. a. Licensee agrees to afford Licensor proprietary information embodied in the Licensed Program the same degree of protection against unauthorized use or disclosure as Licensee normally provides for its own proprietary information, provided that Licensee's obligation hereunder shall not apply to information which (i) is known to Licensee at the time of disclosure by Licensor, (ii) is now or hereafter in the public domain through no fault of Licensee, (iii) is developed independently by Licensee, (iv) is generally known or available from third parties without restriction, and (v) is inadvertently disclosed by Licensee despite the same degree of protection against unauthorized use or disclosure which Licensee normally provides for its own proprietary information.

Protection and Security. a. 5.1 Licensee agrees to afford Licensor proprietary information embodied in the Licensed Program the same degree of protection against unauthorized use or disclosure as Licensee normally provides for its own proprietary information, provided that Licensee's obligation hereunder shall not apply to information which (i) is known to Licensee at the time of disclosure by Licensor, (ii) is now or hereafter in the public domain through no fault of Licensee, (iii) is developed independently by Licensee, (iv) is generally known or available from third parties without restriction, and (v) is inadvertently disclosed by Licensee despite the same degree of protection against unauthorized use or disclosure which Licensee normally provides for its own proprietary information.