The Certification Authority Clause Samples

The Certification Authority shall, except where a provision of this Agreement provides otherwise, maintain in confidence all information the Supplier discloses to the Certification Authority in relation to this certification. No license, express or implied, under any trademark or copyright is granted by the a. Is in the public domain at any time (but without prejudice to any Person's rights of action against another Person who wrongfully causes or permits such information to be in the public domain), b. Was rightfully in the receiving Person's possession without obligation of confidence prior to its disclosure pursuant to this Agreement, or is subsequently independently developed by the receiving Person's employees having no access to the information disclosed hereunder, c. Is subsequently rightfully obtained without obligation of confidence by the receiving Person from a source other than the Supplier as evidenced by written records, d. Is required to be disclosed by order of any court of competent jurisdiction, PROVIDED that no right or interest under any license, patent, or otherwise shall be acquired by the recipient of any information by virtue of the application of this clause.

The Certification Authority may disclose the Supplier confidential information to those of its employees and contractors who reasonably require access to such information. However, the Certification Authority may not disclose the Supplier’s confidential information to any employee of a member company in The Open Group, unless another exception to the obligations under this sub- clause applies. For the avoidance of doubt, the Certification Authority may disclose the Supplier's confidential information to the Supplier's employees, or employees of any party acting on the Supplier's behalf.

The Certification Authority shall, except where a provision of this Agreement provides otherwise, maintain in confidence all information the Organization discloses to the Certification Authority in relation to this Accreditation. No license, express or implied, under any trademark or copyright is granted by the Organization to the Certification Authority by virtue of such disclosure and the Certification Authority shall not use any such information except for the purposes of this Agreement. The Certification Authority's obligations under this sub-clause shall be limited to taking such steps as it ordinarily takes to preserve the most important of its own confidential information. The obligations of non-disclosure and non-use set out in this Agreement shall not apply to any item of information which a. Is in the public domain at any time (but without prejudice to any Person's rights of action against another Person who wrongfully causes or permits such information to be in the public domain), b. Was rightfully in the receiving Person's possession without obligation of confidence prior to its disclosure pursuant to this Agreement, or is subsequently independently developed by the receiving Person's employees having no access to the information disclosed hereunder, c. Is subsequently rightfully obtained without obligation of confidence by the receiving Person from a source other than the Organization as evidenced by written records, d. Is required to be disclosed by order of any court of competent jurisdiction,

The Certification Authority will notify the Affiliate and its sponsor ATC Provider via electronic mail with the results of the affiliation process. If all requirements have been met, the Certification Authority will award affiliation to the Affiliate.