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5 <br /> <br />technical specifications and manuals; service specifications; research and development projects; tools; <br />methodologies; know-how; whether such information is furnished directly or indirectly by a Disclosing <br />Party to a Receiving Party and whether disclosed in anticipation of this Agreement or after the date of <br />this Agreement. It shall include any notes made by the Receiving Party which are either received orally <br />or which summarize other Confidential Information. Confidential Information does not include <br />information to the extent that such information: (i) is or becomes generally known to the public by any <br />means other than a breach of the obligations of a Receiving Party hereunder; (ii) was previously known <br />to the Receiving Party as evidenced by its written records; (iii) is rightly received by the Receiving Party <br />from a third party who is not under an obligation of confidentiality; or (iv) is independently developed <br />by the Receiving Party without reference to or use of the other Party's Confidential Information which <br />such independent development can be established by evidence that would be acceptable to a court of <br />competent jurisdiction. <br />b) Confidentiality Obligations. Each of the Parties agree: <br />i. to maintain the Confidential Information of the other Party in confidence and to <br />take all reasonable steps, which shall be no less than those steps it takes to protect <br />its own confidential and proprietary information, to protect the Confidential <br />Information of the other Party from unauthorized use, disclosure, copying, or <br />publication; <br />ii. not to use the Confidential Information of the other Party other than in the course <br />of exercising its rights or performing its obligations under this Agreement; <br />iii. not to disclose or release such Confidential Information except to the extent <br />required by applicable law or during the course of or in connection with any <br />litigation, arbitration or other proceeding based upon or in connection with the <br />subject matter of this Agreement, provided that the receiving Party shall first give <br />reasonable notice to the disclosing party prior to such disclosure so that the <br />disclosing Party may obtain a protective order or equivalent and provided that the <br />receiving Party shall comply with any such protective order or equivalent; <br />iv. not to disclose or release such Confidential Information to any third person without <br />the prior written consent of the disclosing Party, except for authorized employees <br />or agents of the receiving Party who have a need to know such information for the <br />purpose of performance under this Agreement and exercising its rights under this <br />Agreement, and who are bound by confidentiality obligations at least as protective <br />ion as this Agreement; <br />v. to take such actions as may be reasonably necessary to enforce its agreements with <br />its employees and agents, including commencing legal proceedings; and <br />vi. that Harris shall promptly notify Customer in writing of any unauthorized release <br />of Customer Data.