AMD 1993 Annual Report Download - page 175

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purpose that reasonably contemplates disclosure to or use by
others, (ii) becomes a matter of public knowledge through no
action or inaction of the party receiving the Confidential
Information, (iii) was in the receiving party's possession before
receipt from the party providing such Confidential Information,
(iv) is rightfully received by the receiving party from a third
party without any duty of confidentiality, (v) is disclosed to a
third party by the party providing the Confidential Information
without a duty of confidentiality on the third party, (vi) is
disclosed by the receiving party despite the exercise of the same
degree of care used by the receiving party to safeguard its own
similar Confidential Information, but the receiving party shall
take all necessary action to prevent any further disclosure,
(vii) is disclosed with the prior written approval of the party
providing such Confidential Information, or (viii) is
independently developed by the receiving party without any use of
the other party's Confidential Information. Information shall
not be deemed to be available to the general public for the
purpose of the exclusion (ii) above with respect to each party
(x) merely because it is embraced by more general information in
the prior possession of recipient or others, or (y) merely
because it is expressed in public literature in general terms not
specifically in accordance with the Confidential Information.
B. In furtherance, and not in limitation of the
foregoing Section 4.6.A., each party agrees to do the following
with respect to any such Confidential Information: (i) exercise
the same degree of care to safeguard the confidentiality of, and
prevent the unauthorized use of, such information as that party
exercises to safeguard the confidentiality of its own
Confidential Information; (ii) restrict disclosure of such
information to those of its employees and agents who have a "need
to know", and (iii) instruct and require such employees,
sublicensees, and agents to maintain the confidentiality of such
information and not to use such Confidential Information except
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Source: ADVANCED MICRO DEVIC, 10-K, March 07, 1994