Confidential Information Definition definition
Confidential Information Definition. In this Agreement, “Confidential Information” means any information disclosed by one Party to the other related to this Agreement which is in written, graphic, machine readable or other tangible form and is marked “Confidential”, “Proprietary” or in some other manner to indicate its confidential nature. Confidential Information may also include oral or written information disclosed by one party to the other related to this Agreement, which, by its nature, was known or should have been known by the receiving party to be confidential. Notwithstanding the foregoing: (i) all confidential, unique and proprietary aspects of Licensee’s business, affairs, products, services, Licensee lists and methodologies shall be deemed the Confidential Information of Licensee; (ii) this Agreement shall be deemed the Confidential Information of both Parties without the necessity of marking. Confidential Information does not, however, include any information which the recipient can conclusively establish: (ww) was in the public domain at the time communicated to the recipient, or which becomes public through no fault of the recipient; (xx) was obtained by the recipient from a third party which was not subject to a contractual or fiduciary duty not to disclose; (yy) was independently developed, as evidenced by written records, prior to disclosure by the recipient without reference to any Confidential Information; or (zz) the recipient can demonstrate was lawfully in its possession free of any duty to the disclosing party before the date of disclosure to the recipient by the disclosing party. The Parties may also disclose this Agreement and the contents hereof to the extent required pursuant to applicable securities laws.
Examples of Confidential Information Definition in a sentence
Confidential Information Definition A Recipient may attempt to reduce the scope of Confidential Information by requiring that anything to be covered by the Contract be marked 'confidential'.