| Each party agrees to treat Confidential Information received from the other by using the same degree of care, but no less than a reasonable degree of care, to prevent the unauthorized use, disclose, dissemination, or publication of the Confidential Information as the recipient uses to protect its own Confidential Information and further agrees not to disclose such Confidential Information to a third party without the prior written consent from the disclosing party.
The foregoing obligations of non-disclosure do not apply to the Confidential Information which:
(i) are released with prior written consent thereto by the providing party;
(ii) are publicly known at the time of disclosure to the receiving party or become publicly available thereafter other than through the fault or negligence of the receiving party;
(iii) are rightfully known to the receiving party at the time of disclosure to the receiving party;
(iv) are rightfully obtained by the receiving party from a third party having the right to disclose it; or
(v) are independently developed by the receiving party without any use of the other party's data and/or information. |
