Confidential Information Definition Example

Confidential Information. Means all non-public, confidential, or proprietary information of the Disclosing Party, whether in oral, written, electronic, or other form or media, whether or not such information is marked, designated, or otherwise identified as confidential and any information that, due to the nature of its subject matter or circumstances surrounding its disclosure, would reasonably be understood to be confidential or proprietary. The terms of this Agreement are Confidential Information, except as permitted... under Section 8 of this Agreement. Confidential Information does not include information that the Receiving Party can demonstrate by documentation: (1) was already known to the Receiving Party without restriction on use or disclosure by the Disclosing Party prior to receipt of such information directly or indirectly from or on behalf of the Disclosing Party; (2) was or is independently developed by the Receiving Party without reference to or use of any Confidential Information; (3) was or becomes generally known by the public other than by breach of this Agreement by, or other wrongful act of, the Receiving Party; or (4) was received by the Receiving Party from a third party who was not, at the time of receipt, under any obligation to the Disclosing Party or any other Person to maintain the confidentiality of such information. View More