Confidential Information

Confidential Information. Means all information and/or data, in any form whatsoever, tangible or intangible, including information in oral, visual or computer database form, not generally made available by the disclosing party to the general public. By way of illustration and not limitation, such Confidential Information shall include: (1) any and all trade secrets concerning the business or affairs of Company, its product architecture, designs or specifications, data, know-how, compositions, processes, formulas,... methods, samples, inventions and ideas, past, current and planned development or experimental work, current and planned distribution methods and processes, customer lists, current and anticipated customer requirements, price lists, market studies, business plans, computer software and programs (including object code and source code), any unannounced product(s) and service(s), and any other information, however documented; (2) any and all information concerning the business and affairs of the disclosing party (which includes historical financial statements, financial projections and budgets, historical and projected sales, capital spending budgets and plans, the names and backgrounds of key personnel, personnel training and techniques and materials), however documented; and (3) any and all notes, analyses, compilations, studies, summaries and other material prepared by or for the receiving party containing or based, in whole or in part, on any information included in the foregoing. Confidential Information excludes information which: (i) at the time of disclosure is or thereafter becomes generally available to the public other than as a result of disclosure by or through the receiving party; (ii) was available to the receiving party on a non-confidential basis prior to disclosure by the disclosing party as evidenced by the receiving party's documentation; or (iii) becomes available to the receiving party on a non-confidential basis from a third party which is not under any confidentiality obligation. View More

Confidential Information. Information, whether or not originated by the Executive, that relates to the business or affairs of the Company, its affiliates, clients or suppliers and is confidential or proprietary to, about or created by the Company, its affiliates, clients, or suppliers

Confidential Information. Any information which is proprietary or unique to the Company or any subsidiary of the Company, including but not limited to trade secret information, matters of a technical nature such as processes, devices, techniques, data and formulas, research subjects and results, marketing methods, plans and strategies, operations, products, revenues, expenses, profits, sales, key personnel , customers, suppliers, pricing policies, any information concerning the marketing and other business affairs and... methods of the Company which is not readily available in the Company's industry, and any information the Company or any subsidiary has indicated is confidential. View More

Confidential Information. Any nonpublic information disclosed by the Company to Agent and shall be deemed to include the following information of the Company, without limitation: (i) e-mail addresses, customer lists, the names of customer contacts, the names of investor contacts, investor lists, professional contacts, business plans, technical data, product ideas, personnel, contracts and financial information; (ii) patents, trade secrets, techniques, processes, business methodologies, schematics, employee suggestions,... development tools and processes, computer printouts, computer programs, design drawings and manuals, and improvements; (iii) information about costs, profits, markets and sales; (iv) plans for future development and new product concepts; (v) all documents, books, papers, drawings, models, sketches, and other data of any kind and description, including electronic data recorded or retrieved by any means, that have been or will be disclosed, as well as written or oral instructions or comments. Notwithstanding the foregoing, Confidential Information shall not include information that (i) has become public knowledge through legal means without fault by Agent, (ii) is already public knowledge prior to the disclosure of the Confidential Information by the Company to Agent, (iii) is known to Agent without an obligation to keep it confidential prior to the Company's disclosure of the same pursuant to this Agreement, or (iv) is independently developed by Agent without reference to or use of the Confidential Information View More

Confidential Information. That information of either party ('Disclosing Party') which is disclosed to the other party ('Receiving Party') under this Agreement in written form and marked 'Confidential,' 'Proprietary,' or similar designation and all other information (including if orally disclosed)that the Receiving Party should reasonably discern, by an objective examination of the disclosure and the surrounding facts and circumstances, to be confidential in nature. Confidential Information includes, but is not limited... to, trade secrets, know-how, inventions, techniques, processes, algorithms, software programs, schematics, designs, contracts, customer lists, financial information, product plans, and business information. View More

Confidential Information. All nonpublic information, whether in oral, written or other tangible form that the party disclosing the information (the "Disclosing Party") designates as being confidential or which, under the circumstances surrounding disclosure, the receiving party (the "Recipient") knows or has reason to know should be treated as confidential, including without limitation, the terms and conditions of this Agreement, the sales techniques of Licensee, End User information, memoranda, corporate documents,... price lists, pricing structures, and software structure and code which is provided by a party. In the event Confidential Information is transmitted orally the Disclosing Party shall provide written confirmation of such disclosure's confidentiality to the other party within thirty (30) business days after disclosing such information. Notwithstanding the foregoing, Confidential Information does not include information that: (i) is or becomes generally available to the public, other than (a) as a result of a disclosure by Recipient or its employees or any other person who directly or indirectly receives such information from Recipient or its employees, or (b) in violation of a confidentiality obligation to Disclosing Party known to Recipient; (ii) as a result of the information becoming available to Recipient on a non-confidential basis from a source which is entitled to disclose it to Recipient; or (iii) as a result of the efforts or developments by employees or agents of the Recipient independently of and without reference to any information communicated to Recipient by the Disclosing Party. View More

Confidential Information. Information disclosed (whether in writing, electronically, orally or by observation) by one Party (the "Disclosing Party") to the other Party (the "Receiving Party") unless in each case such information, as shown by competent evidence: (a) was known to the Receiving Party or to the general public prior to the Disclosing Party's disclosure, as demonstrated by contemporaneous written records; (b) became known to the general public, after the Disclosing Party's disclosure hereunder, other than... through a breach of the confidentiality provisions of this Agreement by the Receiving Party or any Person to whom such Receiving Party disclosed such information; (c) was subsequently disclosed to the Receiving Party by a Person having a legal right to disclose, without any restrictions, such information; or (d) was developed by the Receiving Party independent of the Disclosing Party's Confidential Information. For clarity, the UNC Technology constitutes Confidential Information of Novan. View More

Confidential Information. Information, knowledge or data disclosed to or known by Executive as a consequence of or through his employment with the Company that relates to any aspect of the Company or its business and assets. "Confidential Information" includes, but is not limited to, any and all confidential information (whether recorded in documentary form or by electronic or other means) relating to the Company's assets, business methods, investment strategies, hedging strategies, liability management strategies,... corporate plans, business plans, strategic plans, employee information (including compensation, qualifications, and utilization), management systems, finances, and existing or developing business opportunities. Confidential Information also includes any other information in respect of which the Company owes an obligation of confidentiality to any third party, knowledge of which the Executive acquired at any time during his employment by the Company and which is not readily ascertainable to persons not connected with the Company, either at all or without significant expenditure of labor, skill or money View More

Confidential Information. Any and all information of the Company and its Affiliates that is not generally known by those with whom the Company or any of its Affiliates competes or does business, or with whom the Company or any of its Affiliates plans to compete or do business.

Confidential Information. Shall mean, with respect to a party, all information of any kind whatsoever, and all tangible and intangible embodiments thereof of any kind whatsoever, which is disclosed by such party to the other party and is marked, identified as or otherwise acknowledged to be confidential at the time of disclosure to the other party. Notwithstanding the foregoing, Confidential Information of a party shall not include information which the other party can establish by written documentation (a) to have been... publicly known prior to disclosure of such information by the disclosing party to the other party, (b) to have become publicly known, without fault on the part of the other party, subsequent to disclosure of such information by the disclosing party to the other party, (c) to have been received by the other party at any time from a source, other than the disclosing party, rightfully having possession of and the right to disclose such information without obligation of confidentiality to the disclosing party, (d) to have been otherwise known by the other party prior to disclosure of such information by the disclosing party to the other party, or (e) to have been independently developed by employees or agents of the other party without access to or use of such information disclosed by the disclosing party to the other party. View More