Unless the context otherwise requires, when used in this MoU 1.1 “Confidential Information” shall mean all information including but not limited to commercial, technical and artistic information relating to the business of either Party in general, and its personnel and in particular their respective customers, clients and vendors, financial information, marketing, business and project plans, software, technology, methods, documentation, designs, materials, general trade secrets, intellectual property, that is disclosed by one Party to the other or provided access thereto by one Party to the other Party pursuant to this MoU (whether orally or in writing and whether or not such information is expressly stated to be confidential or marked as such) and such information that may be developed by either Party to this MoU, whether protected under law or not. Confidential Information shall not include any information which is: (a) already known by the receiving party prior to disclosure; (b) publicly available through no fault of the receiving party; (c) rightfully received from a third party without a duty of confidentiality; (d) disclosed by the disclosing party to a third party without a duty of confidentiality on such third party; (e) independently developed by the receiving party prior to or independent of the disclosure; (f) disclosed under requirement of law; or (g) disclosed by the receiving party with the disclosing party's prior written approval.
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