Confidential Information

Confidential Information. Information disclosed by a party ("Discloser") to the other (collectively, "Recipient") pursuant to this Agreement which information is marked with "Confidential", "Proprietary" or other similar legend. If Confidential Information is orally disclosed, it shall be identified as such at the time of disclosure and a brief written description and confirmation of the confidential nature of the information shall be sent to the Recipient within 30 days after the disclosure. Confidential Information,... however, shall not include any information which: (1) is known to the Recipient at the time of its disclosure to the Recipient; (2) is or becomes publicly known through no wrongful act of the Recipient; (3) is received from a third party without a restriction on its disclosure; (4) is independently developed by the Recipient or an affiliate of the Recipient; (5) is furnished to any third party by the Discloser without a similar restriction on such third party's rights; or (6) is approved for release by the prior written consent of the Discloser. View More

Confidential Information. Data and information relating to the business of the Company (which does not rise to the status of a Trade Secret) which is or has been disclosed to the Executive or of which the Executive became aware as a consequence of or through its relationship to the Company and which has value to the Company and is not generally known to its competitors. Confidential Information shall not include any data or information that has been voluntarily disclosed to the public by the Company (except where such... public disclosure has been made by the Executive without authorization) or that has been independently developed and disclosed by others, or that otherwise enters the public domain through lawful means. View More

Confidential Information. Means any and all Company proprietary, trade secret or other information identified in Section 25, whether written, electronic or oral.

Confidential Information. Verbal and written (including electronic) disclosures from either party to the other, whether made before or after the date of this Agreement, which concern the disclosing party, including, without limitation, information concerning the disclosing party's business, operations, customers, suppliers, products, technology, Intellectual Property or research and development efforts, but shall not include (or shall cease to include) information that: (a) at the time of disclosure or thereafter is... published or otherwise publicly available through no fault of the receiving party (but only after, and only to the extent that, it is published or publicly available); or, (b) that the receiving party can show by written documentation; (i) was known to it at the time of disclosure, free of restriction; (ii) has been or hereafter is disclosed to the receiving party without any obligation of confidentiality by another source who is in lawful possession of such information and has the right to disclose it to the receiving party; (iii) is developed by the receiving party independent of the disclosing party's Confidential Information; or (c) is disclosed by the receiving party pursuant to the order or requirement of a court, administrative agency or other governmental body, provided that the receiving party promptly informs the disclosing party of the requirement to make such disclosure, takes all reasonable steps to limit such disclosure and does not inhibit the disclosing party in taking whatever lawful steps the disclosing party considers necessary to attempt to preserve the confidentiality of such information, and provided further that the exception in this clause (c) shall be applicable only to the extent necessary to allow the receiving party to comply with such order or requirement. Disclosures that are specific shall not be deemed to be within the foregoing exceptions merely because they are embraced by general disclosures that are within an exception View More

Confidential Information. (a) written information marked confidential and oral information designated confidential and confirmed as such in writing delivered not later than ten (10) days after such disclosure, (b) the terms of this Agreement, (c) the customer/account lists of LICENSOR and LICENSEE and (d) marketing plans and materials of LICENSOR and LICENSEE, whether or not marked as confidential or confirmed as such in writing. Information that is generally available in the pertinent industry shall not be considered... "Confidential Information." Nor shall a party be required to treat as "Confidential Information": (a) information that a party obtains on a non-confidential basis from a third party with the right to disclose it or (b) information that the party develops independently without the use of any "Confidential Information" or (c) information that a party is required to disclose by applicable law or legal process, provided the party whose information is being disclosed is given a reasonable opportunity to seek a protective order or otherwise reasonably limit disclosure. View More

Confidential Information. Has the meaning attributed to it in Clause 18

Confidential Information. AMCC Confidential Information or Company Confidential Information

Confidential Information. Means trade secrets, confidential or proprietary information and other technical and commercial information which has a unique value to the Companies and which confers or is intended to confer a competitive advantage to the Companies including, but not limited to, the following: formulas, know-how, processes and technology related to the Companies' products, services or business; lists of suppliers, customers or prospective customers and related information; the identity, authority and... responsibilities of key contacts at the Companies' suppliers, customers and prospective customers; the composition and organization of the Companies' suppliers' and customers' businesses; technical data; policies; strategies; designs; sales projections; developmental or experimental work, improvements, discoveries, or plans for research or future endeavors; users' names or passwords; marketing and sales plans and marketing and promotional practices (including internet-related marketing); business plans; budgets; financial information; prices and costs; business records; audit processes; management methods and information; research, plans, reports, recommendations and conclusions, information regarding the skills and compensation of employees and contractors of the Companies, or other business information disclosed to the Executive by the Companies, either directly or indirectly, in writing, orally, or by drawings or observation; provided, however, Confidential Information does not include information that become generally available to the public other than as a result of a disclosure by the Executive or her agent or other representative (unless such disclosure was made in the course of the Executive's duties hereunder) or becomes available to the Executive on a non- /s/ HMG /s/ KK HMG KK 15 confidential basis from a source other than the Companies or any subsidiaries thereof. View More

Confidential Information. The term "Confidential Information" shall mean information disclosed by SJM to Consultant not generally known to the public, including, but not limited to, information of a technical nature; matters of a business nature such as information about costs, margins, pricing policies, markets, sales, supplies and customers; product, marketing or strategic plans; financial information; personnel records and other information of a similar nature; provided, however, that Confidential Information shall... not include any information which (i) is or becomes public knowledge without breach of Consultant's obligations to SJM; (ii) is rightfully acquired by Consultant from a third party without restriction on disclosure or use; or (iii) is publicly disclosed or used following Consultant's receipt of written consent for such disclosure or use by an officer of SJM. Consultant shall have the burden of proof respecting any of the events on which Consultant relies as relieving it of any restrictions. View More

Confidential Information. All financial information, customer lists, lists or other documents related to business prospects, documentation, software, flow charts, programming code, software diagrams, product plans, know-how, data and information relating to the past, present or future business or products of Company or any plans therefore, or relating to the past, present or future business or products of a third party or plans therefore that are disclosed to Company, which Company does not intentionally or routinely... disclose to third parties without restrictions on use or further disclosure. Confidential Information may include, but is not necessarily limited to, information that meets the legal definition of "trade secret." Employee acknowledges that the Company has taken reasonable and prudent measures to protect its Confidential Information including requiring Employee to execute this Agreement. View More