Carbonite 2011 Annual Report Download - page 142
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18.1 Definition of Confidential Information. “ Confidential Information ” shall mean and refer to, with respect to a party hereto, all
information or material that: (a) gives that party some competitive business advantage, gives that party the opportunity of obtaining some competitive
business advantage, or the disclosure of which would be detrimental to the interests of that party; and (b) is marked “Confidential,” “Restricted,”
“Proprietary,” or with some other, similar, marking. Confidential Information includes all of Tenant’s Data, prices, trade secrets, databases, hardware,
software, designs and techniques, programs, engine protocols, models, displays and manuals, and the selection, coordination and arrangement of the
contents of such materials, and any unpublished information concerning research activities and plans, members, potential members, employees,
customers, marketing or sales plans, product development or time to market, sales forecasts or results of marketing efforts, pricing or pricing strategies,
costs, operational techniques, strategic plans, and unpublished financial information, including information concerning revenues, profits and profit
margins. “ Tenant’s Data ” shall mean and refer to all of Tenant’s data, records and information to which Landlord has access, under this Lease in
connection with Landlord’s provision of the Landlord’s Essential Services and Landlord’s performance under this Lease.
18.2 Exclusions.
Confidential Information will not include any information or material, or any element thereof, whether or not such information or material is
Confidential Information for the purposes of this Lease, to the extent any such information or material, or any element thereof:
-
42
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18.
CONFIDENTIALITY
.
(a) has previously become or is generally known to the public, unless it has become generally known to the public through a breach of
this Lease or a confidentiality or non
-
disclosure agreement;
(b) was already rightfully known to the party receiving such information (the “
Receiving Party
”) prior to being disclosed by or
obtained from the Party (or its agents or affiliates) disclosing such information (the “ Disclosing Party ”) as evidenced by written
records kept in the ordinary course of business of or by proof of actual use by the Receiving Party;
(c) has been or is hereafter rightfully received by the Receiving Party from a third person (other than the Disclosing Party) without
restriction or disclosure and without breach of a duty of confidentiality to the Disclosing Party; or
(d)
has been independently developed by the Receiving Party without access to Confidential Information of the Disclosing Party.