CONFIDENTIALITY
During the performance of Services, Client may provide certain confidential information
to JESEDIA (“Confidential Information”). Confidential Information is information
which relates to Client’s research, development, trade secrets or business affairs and
which is disclosed in writing and labeled confidential, but does not include any
information which: (i) was known to JESEDIA or any of its personnel prior to disclosure
by Client; (ii) is known or able to be ascertained by a non-party of ordinary skill
in computer design and programming; (iii) is or becomes publicly known through no
wrongful act of JESEDIA; (iv) is rightfully received from a third party without
breach of this Agreement; (v) is furnished to a third party by Client
without a similar restriction on the third party’s rights; (vi) is approved for release by written
authorization of Client; or (vii) is developed by JESEDIA without reference to the
information acquired from Client. JESEDIA will (i) treat and obligate its personnel
to treat as secret and confidential all such information and (ii) not disclose any
such Confidential Information to any person, firm or corporation,
nor use it in any
manner whatsoever other than to perform Services for Client.
Client further agrees that JESEDIA is hereby permitted to release Confidential Information
in response
to any subpoena or court order from a court of competent jurisdiction
or government regulatory agency.
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