Common use of Confidential and Proprietary Information and Data Clause in Contracts

Confidential and Proprietary Information and Data. For purposes of this agreement, “Confidential and Proprietary Information” shall include, but not be limited to, the EAP Cloud Services, including its functionality, performance, business purpose, specifications, documentation, and the like, test results obtained by you through use of the EAP Cloud Services, any material data relating to use of the EAP Cloud Services by you, including, but not limited to, and any and all information, either written or oral, relating to the EAP Cloud Services, including plans, business and financial information, and perhaps related software which is proprietary and confidential to Bentley or its licensors, which may, from time-to-time, be disclosed by Bentley to you during the term of this agreement. It is understood by both parties that ANY information provided by Bentley during the term to you relating to the EAP Cloud Services is ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information. The release of Confidential and Proprietary Information to you does not constitute a commercialization of the EAP Cloud Services, but rather is a release for testing purposes ONLY. You shall not disclose to any third party the terms of this agreement nor the results of any evaluation hereunder except with the written consent of Bentley. You shall, upon ▇▇▇▇▇▇▇’▇ request, certify in writing as to the return or destruction of all such information. The parties shall use Confidential and Proprietary Information only for the purposes permitted under this agreement. You shall make no other use of the Confidential and Proprietary Information, in whole or in part, without the specific prior written consent of Bentley. Accordingly, you agree not to make any commercial use of the Confidential and Proprietary Information, and you shall not translate, copy, disassemble, reverse engineer, or decompile any EAL Cloud Services, nor shall you make copies or translations of any documentation. Furthermore, you will not make any pre-release reports or give pre-release interviews concerning the EAP Cloud Services or the Confidential and Proprietary Information without ▇▇▇▇▇▇▇’▇ prior written consent. You shall maintain ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information in strict confidence, shall limit internal disclosure of ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information to employees having a legitimate need to know, and shall exercise the same degree of care in protecting ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information as you exercise in protecting your own confidential and proprietary information. Any other related materials supplied by Bentley, including documentation, may not be reproduced in any manner by you. The original and all copies of ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information shall remain the property of Bentley and shall be returned to Bentley upon demand.

Confidential and Proprietary Information and Data. For purposes (a) Evaluator acknowledges that the Test Software consists of this agreement, “Confidential and Proprietary Information” shall include, but not be limited to, the EAP Cloud Services, including its functionality, performance, business purpose, specifications, documentation, and the like, test results obtained by you through use of the EAP Cloud Services, any material data relating to use of the EAP Cloud Services by you, including, but not limited to, and any and all information, either written or oral, relating to the EAP Cloud Services, including plans, business and financial information, and perhaps related software which is proprietary and confidential to Bentley or its licensors; and all rights, title and interest therein or thereto, including, without limitation, all patents, copyrights, trademarks and trade secrets are proprietary and confidential to Bentley or its licensors and shall remain vested therein. Therefore, Evaluator shall not disclose, directly or indirectly, or take any other action which maywould result in the unauthorized disclosure of any confidential or proprietary data whatsoever, from time-including, but not limited to-time, be disclosed reproduction of data furnished to Evaluator by Bentley to you during the term of this agreement. It is understood by both parties that ANY information provided by Bentley during the term to you relating to the EAP Cloud Services is ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information. . (b) The release of Confidential and Proprietary Information confidential information to you Evaluator does not constitute a commercialization of the EAP Cloud ServicesTest Software, but rather is a release for testing purposes ONLY. You Evaluator shall not disclose to any third party the terms of this agreement ▇▇▇▇ nor the results of any Evaluator evaluation hereunder except with the written consent of Bentley▇▇▇▇▇▇▇. You Evaluator shall, upon ▇▇▇▇▇▇▇’▇ request, certify in writing as to the return or destruction of all such confidential information. (c) For purposes of this ▇▇▇▇, “Confidential and Proprietary Information” shall include, but not be limited to, the Test Software, including its functionality, performance, business purpose, specifications, Documentation, and the like, test results obtained by Evaluator through use of the Test Software, any material data relating to use of the Test Software by Evaluator, including, but not limited to defects, deficiencies, errors, omissions, work- arounds, features, enhancements, updates, upgrades, and other information typically relating to unreleased version(s) of computer programs, and any and all information, either written or oral, relating to the Test Software, including plans, business and financial information, which may, from time-to-time, be disclosed by ▇▇▇▇▇▇▇ to Evaluator during the term of this ▇▇▇▇. It is understood by both parties that ANY information provided by ▇▇▇▇▇▇▇ during the term to Evaluator relating to the Test Software is ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information. (d) The parties shall use such Confidential and Proprietary Information only for the purposes permitted under this agreementpurpose set forth in Section 1 above. You Evaluator shall make no other use of the Confidential and Proprietary Information, in whole or in part, without the specific prior written consent of Bentley. Accordingly, you agree Evaluator agrees not to make any commercial use of the Confidential and Proprietary Information, and you Evaluator shall not translate, copy, disassemble, reverse engineer, or decompile any EAL Cloud ServicesTest Software, nor shall you Evaluator make copies or translations of any documentationDocumentation. Furthermore, you Evaluator will not make any pre-release reports or give pre-release interviews concerning the EAP Cloud Services Test Software or the Confidential and Proprietary Information without ▇▇▇▇▇▇▇’▇ prior written consent. You . (e) Evaluator shall maintain ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information in strict confidence, shall limit internal disclosure of ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information to employees having a legitimate need to know, and shall exercise the same degree of care in protecting ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information as you exercise it exercises in protecting your its own confidential and proprietary information. Evaluator may make copies of the Test Software only to the extent necessary for the purpose of this ▇▇▇▇, provided that Evaluator shall also reproduce and include ▇▇▇▇▇▇▇’▇ trade secret, copyright, or other intellectual property rights notices on each such copy and include the legend “Test Product–Do Not Copy or Distribute.” (f) Any other related materials supplied by Bentley▇▇▇▇▇▇▇, including documentationDocumentation, may not be reproduced in any manner by youEvaluator. The original and all copies of ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information shall remain the property of Bentley ▇▇▇▇▇▇▇ and shall be returned to Bentley upon demand.

Confidential and Proprietary Information and Data. (a) Evaluator acknowledges that the Test Software consists of software which is proprietary and confidential to E-ON or its licensors; and all rights, title and interest therein or thereto, including, without limitation, all patents, copyrights, trademarks and trade secrets are proprietary and confidential to E-ON or its licensors and shall remain vested therein. Therefore, Evaluator shall not disclose, directly or indirectly, or take any other action which would result in the unauthorized disclosure of any confidential or proprietary data whatsoever, including, but not limited to, reproduction of data furnished to Evaluator by E-ON. (b) The release of confidential information to Evaluator does not constitute a commercialization of the Test Software, but rather is a release for testing purposes ONLY. Evaluator shall not disclose to any third party the terms of this ▇▇▇▇ nor the results of any Evaluator evaluation hereunder except with the written consent of E-ON. Evaluator shall, upon E-ON’s request, certify in writing as to the return or destruction of all such confidential information. (c) For purposes of this agreement▇▇▇▇, “Confidential and Proprietary Information” shall include, but not be limited to, the EAP Cloud ServicesTest Software, including its functionality, performance, business purpose, specifications, documentationDocumentation, and the like, test results obtained by you Evaluator through use of the EAP Cloud ServicesTest Software, any material data relating to use of the EAP Cloud Services Test Software by youEvaluator, including, but not limited toto defects, deficiencies, errors, omissions, work-arounds, features, enhancements, updates, upgrades, and other information typically relating to unreleased version(s) of computer programs, and any and all information, either written or oral, relating to the EAP Cloud ServicesTest Software, including plans, business and financial information, and perhaps related software which is proprietary and confidential to Bentley or its licensors, which may, from time-to-time, be disclosed by Bentley E-ON to you Evaluator during the term of this agreement▇▇▇▇. It is understood by both parties that ANY information provided by Bentley E-ON during the term to you Evaluator relating to the EAP Cloud Services Test Software is ▇▇▇▇▇▇▇’▇ E-ON’s Confidential and Proprietary Information. The release of Confidential and Proprietary Information to you does not constitute a commercialization of the EAP Cloud Services, but rather is a release for testing purposes ONLY. You shall not disclose to any third party the terms of this agreement nor the results of any evaluation hereunder except with the written consent of Bentley. You shall, upon ▇▇▇▇▇▇▇’▇ request, certify in writing as to the return or destruction of all such information. . (d) The parties shall use such Confidential and Proprietary Information only for the purposes permitted under this agreementpurpose set forth in Section 1 above. You Evaluator shall make no other use of the Confidential and Proprietary Information, in whole or in part, without the specific prior written consent of BentleyE-ON. Accordingly, you agree Evaluator agrees not to make any commercial use of the Confidential and Proprietary Information, and you Evaluator shall not translate, copy, disassemble, reverse engineer, or decompile any EAL Cloud ServicesTest Software, nor shall you Evaluator make copies or translations of any documentationDocumentation. Furthermore, you Evaluator will not make any pre-release reports or give pre-release interviews concerning the EAP Cloud Services Test Software or the Confidential and Proprietary Information without ▇▇▇▇▇▇▇’▇ E-ON’s prior written consent. You . (e) Evaluator shall maintain ▇▇▇▇▇▇▇’▇ E-ON’s Confidential and Proprietary Information in strict confidence, shall limit internal disclosure of ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information to employees having a legitimate need to know, and shall exercise the same degree of care in protecting ▇▇▇▇▇▇▇’▇ E-ON’s Confidential and Proprietary Information as you exercise it exercises in protecting your its own confidential and proprietary information. Evaluator may make copies of the Test Software only to the extent necessary for the purpose of this ▇▇▇▇, provided that Evaluator shall also reproduce and include E-ON’s trade secret, copyright, or other intellectual property rights notices on each such copy and include the legend “Test Software –Do Not Copy or Distribute.” (f) Any other related materials supplied by BentleyE-ON, including documentationDocumentation, may not be reproduced in any manner by youEvaluator. The original and all copies of ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information shall remain the property of Bentley E-ON and shall be returned to Bentley E-ON upon demand.

Confidential and Proprietary Information and Data. For purposes (a) Evaluator acknowledges that the Test Software consists of this agreement, “Confidential and Proprietary Information” shall include, but not be limited to, the EAP Cloud Services, including its functionality, performance, business purpose, specifications, documentation, and the like, test results obtained by you through use of the EAP Cloud Services, any material data relating to use of the EAP Cloud Services by you, including, but not limited to, and any and all information, either written or oral, relating to the EAP Cloud Services, including plans, business and financial information, and perhaps related software which is proprietary and confidential to Bentley or its licensors; and all rights, title and interest therein or thereto, including, without limitation, all patents, copyrights, trademarks and trade secrets are proprietary and confidential to Bentley or its licensors and shall remain vested therein. Therefore, Evaluator shall not disclose, directly or indirectly, or take any other action which maywould result in the unauthorized disclosure of any confidential or proprietary data whatsoever, from time-including, but not limited to-time, be disclosed reproduction of data furnished to Evaluator by Bentley to you during the term of this agreement. It is understood by both parties that ANY information provided by Bentley during the term to you relating to the EAP Cloud Services is ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information. . (b) The release of Confidential and Proprietary Information confidential information to you Evaluator does not constitute a commercialization of the EAP Cloud ServicesTest Software, but rather is a release for testing purposes ONLY. You Evaluator shall not disclose to any third party the terms of this agreement ▇▇▇▇ nor the results of any Evaluator evaluation hereunder except with the written consent of Bentley▇▇▇▇▇▇▇. You Evaluator shall, upon ▇▇▇▇▇▇▇’▇ request, certify in writing as to the return or destruction of all such confidential information. (c) For purposes of this ▇▇▇▇, “Confidential and Proprietary Information” shall include, but not be limited to, the Test Software, including its functionality, performance, business purpose, specifications, Documentation, and the like, test results obtained by Evaluator through use of the Test Software, any material data relating to use of the Test Software by Evaluator, including, but not limited to defects, deficiencies, errors, omissions, work- arounds, features, enhancements, updates, upgrades, and other information typically relating to unreleased version(s) of computer programs, and any and all information, either written or oral, relating to the Test Software, including plans, business and financial information, which may, from time-to-time, be disclosed by ▇▇▇▇▇▇▇ to Evaluator during the term of this ▇▇▇▇. It is understood by both parties that ANY information provided by ▇▇▇▇▇▇▇ during the term to Evaluator relating to the Test Software is ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information. (d) The parties shall use such Confidential and Proprietary Information only for the purposes permitted under this agreementpurpose set forth in Section 1 above. You Evaluator shall make no other use of the Confidential and Proprietary Information, in whole or in part, without the specific prior written consent of Bentley. Accordingly, you agree Evaluator agrees not to make any commercial use of the Confidential and Proprietary Information, and you Evaluator shall not translate, copy, disassemble, reverse engineer, or decompile any EAL Cloud ServicesTest Software, nor shall you Evaluator make copies or translations of any documentationDocumentation. Furthermore, you Evaluator will not make any pre-pre- release reports or give pre-release interviews concerning the EAP Cloud Services Test Software or the Confidential and Proprietary Information without ▇▇▇▇▇▇▇’▇ prior written consent. You . (e) Evaluator shall maintain ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information in strict confidence, shall limit internal disclosure of ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information to employees having a legitimate need to know, and shall exercise the same degree of care in protecting ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information as you exercise it exercises in protecting your its own confidential and proprietary information. Evaluator may make copies of the Test Software only to the extent necessary for the purpose of this ▇▇▇▇, provided that Evaluator shall also reproduce and include ▇▇▇▇▇▇▇’▇ trade secret, copyright, or other intellectual property rights notices on each such copy and include the legend “Test Product –Do Not Copy or Distribute.” (f) Any other related materials supplied by Bentley▇▇▇▇▇▇▇, including documentationDocumentation, may not be reproduced in any manner by youEvaluator. The original and all copies of ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information shall remain the property of Bentley ▇▇▇▇▇▇▇ and shall be returned to Bentley upon demand.

Confidential and Proprietary Information and Data. For purposes EVALUATOR acknowledges that the TEST SOFTWARE consists of this agreement, “Confidential and Proprietary Information” shall include, but not be limited to, the EAP Cloud Services, including its functionality, performance, business purpose, specifications, documentation, and the like, test results obtained by you through use of the EAP Cloud Services, any material data relating to use of the EAP Cloud Services by you, including, but not limited to, and any and all information, either written or oral, relating to the EAP Cloud Services, including plans, business and financial information, and perhaps related software which is proprietary and confidential to Bentley or its licensors; and all rights, title and interest therein or thereto, including, without limitation, all patents, copyrights, trademarks and trade secrets are proprietary and confidential to Bentley or its licensors and shall remain vested therein. Therefore, EVALUATOR shall not disclose, directly or indirectly, or take any other action which maywould result in the unauthorized disclosure of any confidential or proprietary data whatsoever, from time-including, but not limited to-time, be disclosed reproduction of data furnished to EVALUATOR by Bentley to you during the term of this agreement. It is understood by both parties that ANY information provided by Bentley during the term to you relating to the EAP Cloud Services is ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information. The release of Confidential and Proprietary Information confidential information to you EVALUATOR does not constitute a commercialization of the EAP Cloud ServicesTEST SOFTWARE, but rather is a release for testing purposes ONLY. You EVALUATOR shall not disclose to any third party the terms of this agreement AGREEMENT nor the results of any EVALUATOR evaluation hereunder except with the written consent of Bentley▇▇▇▇▇▇▇. You EVALUATOR shall, upon ▇▇▇▇▇▇▇’▇ request, certify in writing as to the return or destruction of all such confidential information. For purposes of this AGREEMENT, “CONFIDENTIAL AND PROPRIETARY functionality, performance, business purpose, specifications, DOCUMENTATION, and the like, test results obtained by EVALUATOR through use of the TEST SOFTWARE, any material data relating to use of the TEST SOFTWARE by EVALUATOR, including, but not limited to defects, deficiencies, errors, omissions, work-arounds, features, enhancements, updates, upgrades, and other information typically relating to unreleased version(s) of computer programs, and any and all information, either written or oral, relating to the TEST SOFTWARE, including plans, business and financial information, which may, from time-to-time, be disclosed by ▇▇▇▇▇▇▇ to EVALUATOR during the term of this AGREEMENT. It is understood by both parties that ANY information provided by ▇▇▇▇▇▇▇ during the term to EVALUATOR relating to the TEST SOFTWARE is ▇▇▇▇▇▇▇’▇ CONFIDENTIAL AND PROPRIETARY INFORMATION. The parties shall use Confidential and Proprietary Information such CONFIDENTIAL AND PROPRIETARY INFORMATION only for the purposes permitted under this agreementpurpose set forth in Section 2 above. You EVALUATOR shall make no other use of the Confidential and Proprietary InformationCONFIDENTIAL AND PROPRIETARY INFORMATION, in whole or in part, without the specific prior written consent of Bentley. Accordingly, you agree EVALUATOR agrees not to make any commercial use of the Confidential and Proprietary InformationCONFIDENTIAL AND PROPRIETARY INFORMATION, and you EVALUATOR shall not translate, copy, disassemble, reverse engineer, or decompile any EAL Cloud ServicesTEST SOFTWARE, nor shall you EVALUATOR make copies or translations of any documentationDOCUMENTATION. Furthermore, you EVALUATOR will not make any pre-release reports or give pre-release interviews concerning the EAP Cloud Services TEST SOFTWARE or the Confidential and Proprietary Information CONFIDENTIAL AND PROPRIETARY INFORMATION without ▇▇▇▇▇▇▇’▇ prior written consent. You EVALUATOR shall maintain ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information CONFIDENTIAL AND PROPRIETARY INFORMATION in strict confidence, shall limit internal disclosure of ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information CONFIDENTIAL AND PROPRIETARY INFORMATION to employees having a legitimate need to know, and shall exercise the same degree of care in protecting ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information CONFIDENTIAL AND PROPRIETARY INFORMATION as you exercise it exercises in protecting your its own confidential and proprietary information. EVALUATOR may make copies of the TEST SOFTWARE only to the extent necessary for the purpose of this AGREEMENT, provided that EVALUATOR shall also reproduce and include ▇▇▇▇▇▇▇’▇ trade secret, copyright, or other intellectual property rights notices on each such copy and include the legend “Test Product –Do Not Copy or Distribute.” Any other related materials supplied by Bentley▇▇▇▇▇▇▇, including documentationDOCUMENTATION, may not be reproduced in any manner by youEVALUATOR. The original and all copies of CONFIDENTIAL AND PROPRIETARY INFORMATION shall remain the property of ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information shall remain the property of Bentley and shall be returned to Bentley upon demand.

Confidential and Proprietary Information and Data. (a) Evaluator acknowledges that the Test Software consists of software which is proprietary and confidential to Bentley or its licensors; and all rights, title and interest therein or thereto, including, without limitation, all patents, copyrights, trademarks and trade secrets are proprietary and confidential to Bentley or its licensors and shall remain vested therein. Therefore, Evaluator shall not disclose, directly or indirectly, or take any other action which would result in the unauthorized disclosure of any confidential or proprietary data whatsoever, including, but not limited to, reproduction of data furnished to Evaluator by Bentley. (b) The release of confidential information to Evaluator does not constitute a commercialization of the Test Software, but rather is a release for testing purposes ONLY. Evaluator shall not disclose to any third party the terms of this ▇▇▇▇ nor the results of any Evaluator evaluation hereunder except with the written consent of Bentley. Evaluator shall, upon Bentley’s request, certify in writing as to the return or destruction of all such confidential information. (c) For purposes of this agreement▇▇▇▇, “Confidential and Proprietary Information” shall include, but not be limited to, the EAP Cloud ServicesTest Software, including its functionality, performance, business purpose, specifications, documentationDocumentation, and the like, test results obtained by you Evaluator through use of the EAP Cloud ServicesTest Software, any material data relating to use of the EAP Cloud Services Test Software by youEvaluator, including, but not limited toto defects, deficiencies, errors, omissions, work- arounds, features, enhancements, updates, upgrades, and other information typically relating to unreleased version(s) of computer programs, and any and all information, either written or oral, relating to the EAP Cloud ServicesTest Software, including plans, business and financial information, and perhaps related software which is proprietary and confidential to Bentley or its licensors, which may, from time-to-time, be disclosed by Bentley to you Evaluator during the term of this agreement▇▇▇▇. It is understood by both parties that ANY information provided by Bentley during the term to you Evaluator relating to the EAP Cloud Services Test Software is ▇▇▇▇▇▇▇’▇ Bentley’s Confidential and Proprietary Information. The release of Confidential and Proprietary Information to you does not constitute a commercialization of the EAP Cloud Services, but rather is a release for testing purposes ONLY. You shall not disclose to any third party the terms of this agreement nor the results of any evaluation hereunder except with the written consent of Bentley. You shall, upon ▇▇▇▇▇▇▇’▇ request, certify in writing as to the return or destruction of all such information. . (d) The parties shall use such Confidential and Proprietary Information only for the purposes permitted under this agreementpurpose set forth in Section 1 above. You Evaluator shall make no other use of the Confidential and Proprietary Information, in whole or in part, without the specific prior written consent of Bentley. Accordingly, you agree Evaluator agrees not to make any commercial use of the Confidential and Proprietary Information, and you Evaluator shall not translate, copy, disassemble, reverse engineer, or decompile any EAL Cloud ServicesTest Software, nor shall you Evaluator make copies or translations of any documentationDocumentation. Furthermore, you Evaluator will not make any pre-release reports or give pre-release interviews concerning the EAP Cloud Services Test Software or the Confidential and Proprietary Information without ▇▇▇▇▇▇▇’▇ Bentley’s prior written consent. You . (e) Evaluator shall maintain ▇▇▇▇▇▇▇’▇ Bentley’s Confidential and Proprietary Information in strict confidence, shall limit internal disclosure of ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information to employees having a legitimate need to know, and shall exercise the same degree of care in protecting ▇▇▇▇▇▇▇’▇ Bentley’s Confidential and Proprietary Information as you exercise it exercises in protecting your its own confidential and proprietary information. Evaluator may make copies of the Test Software only to the extent necessary for the purpose of this ▇▇▇▇, provided that Evaluator shall also reproduce and include Bentley’s trade secret, copyright, or other intellectual property rights notices on each such copy and include the legend “Test Product –Do Not Copy or Distribute.” (f) Any other related materials supplied by Bentley, including documentationDocumentation, may not be reproduced in any manner by youEvaluator. The original and all copies of ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information shall remain the property of Bentley and shall be returned to Bentley upon demand.

Confidential and Proprietary Information and Data. (a) Evaluator acknowledges that the Test Software consists of software which is proprietary and confidential to E-ON or its licensors; and all rights, title, and interest therein or thereto, including, without limitation, all patents, copyrights, trademarks, and trade secrets are proprietary and confidential to E-ON or its licensors and shall remain vested therein. Therefore, Evaluator shall not disclose, directly or indirectly, or take any other action which would result in the unauthorized disclosure of any confidential or proprietary data whatsoever, including, but not limited to, reproduction of data furnished to Evaluator by E-ON. (b) The release of confidential information to Evaluator does not constitute a commercialization of the Test Software, but rather is a release for testing purposes ONLY. Evaluator shall not disclose to any third party the terms of this ▇▇▇▇ nor the results of any Evaluator evaluation hereunder except with the written consent of E-ON. Evaluator shall, upon E-ON’s request, certify in writing as to the return or destruction of all such confidential information. (c) For purposes of this agreement▇▇▇▇, “Confidential and Proprietary Information” shall include, but not be limited to, the EAP Cloud ServicesTest Software, including its functionality, performance, business purpose, specifications, documentationDocumentation, and the like, test results obtained by you Evaluator through use of the EAP Cloud ServicesTest Software, any material data relating to use of the EAP Cloud Services Test Software by youEvaluator, including, but not limited toto defects, deficiencies, errors, omissions, work-arounds, features, enhancements, updates, upgrades, and other information typically relating to unreleased version(s) of computer programs, and any and all information, either written or oral, relating to the EAP Cloud ServicesTest Software, including plans, business and financial information, and perhaps related software which is proprietary and confidential to Bentley or its licensors, which may, from time-to-time, be disclosed by Bentley E-ON to you Evaluator during the term of this agreement▇▇▇▇. It is understood by both parties that ANY information provided by Bentley E-ON during the term to you Evaluator relating to the EAP Cloud Services Test Software is ▇▇▇▇▇▇▇’▇ E-ON’s Confidential and Proprietary Information. The release of Confidential and Proprietary Information to you does not constitute a commercialization of the EAP Cloud Services, but rather is a release for testing purposes ONLY. You shall not disclose to any third party the terms of this agreement nor the results of any evaluation hereunder except with the written consent of Bentley. You shall, upon ▇▇▇▇▇▇▇’▇ request, certify in writing as to the return or destruction of all such information. . (d) The parties shall use such Confidential and Proprietary Information only for the purposes permitted under this agreementpurpose set forth in Section 1 above. You Evaluator shall make no other use of the Confidential and Proprietary Information, in whole or in part, without the specific prior written consent of BentleyE-ON. Accordingly, you agree Evaluator agrees not to make any commercial use of the Confidential and Proprietary Information, and you Evaluator shall not translate, copy, disassemble, reverse engineer, or decompile any EAL Cloud ServicesTest Software, nor shall you Evaluator make copies or translations of any documentationDocumentation. Furthermore, you Evaluator will not make any pre-release reports or give pre-release interviews concerning the EAP Cloud Services Test Software or the Confidential and Proprietary Information without ▇▇▇▇▇▇▇’▇ E-ON’s prior written consent. You . (e) Evaluator shall maintain ▇▇▇▇▇▇▇’▇ E-ON’s Confidential and Proprietary Information in strict confidence, shall limit internal disclosure of ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information to employees having a legitimate need to know, and shall exercise the same degree of care in protecting ▇▇▇▇▇▇▇’▇ E-ON’s Confidential and Proprietary Information as you exercise it exercises in protecting your its own confidential and proprietary information. Evaluator may make copies of the Test Software only to the extent necessary for the purpose of this ▇▇▇▇, provided that Evaluator shall also reproduce and include E-ON’s trade secret, copyright, or other intellectual property rights notices on each such copy and include the legend “Test Software –Do Not Copy or Distribute.” (f) Any other related materials supplied by BentleyE-ON, including documentationDocumentation, may not be reproduced in any manner by youEvaluator. The original and all copies of ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information shall remain the property of Bentley E-ON and shall be returned to Bentley E-ON upon demand.

Confidential and Proprietary Information and Data. For purposes (a) Evaluator acknowledges that the Test Software consists of this agreement, “Confidential and Proprietary Information” shall include, but not be limited to, the EAP Cloud Services, including its functionality, performance, business purpose, specifications, documentation, and the like, test results obtained by you through use of the EAP Cloud Services, any material data relating to use of the EAP Cloud Services by you, including, but not limited to, and any and all information, either written or oral, relating to the EAP Cloud Services, including plans, business and financial information, and perhaps related software which is proprietary and confidential to Bentley or its licensors; and all rights, title and interest therein or thereto, including, without limitation, all patents, copyrights, trademarks and trade secrets are proprietary and confidential to Bentley or its licensors and shall remain vested therein. Therefore, Evaluator shall not disclose, directly or indirectly, or take any other action which maywould result in the unauthorized disclosure of any confidential or proprietary data whatsoever, from time-including, but not limited to-time, be disclosed reproduction of data furnished to Evaluator by Bentley to you during the term of this agreement. It is understood by both parties that ANY information provided by Bentley during the term to you relating to the EAP Cloud Services is ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information. . (b) The release of Confidential and Proprietary Information confidential information to you Evaluator does not constitute a commercialization of the EAP Cloud ServicesTest Software, but rather is a release for testing purposes ONLY. You Evaluator shall not disclose to any third party the terms of this agreement ▇▇▇▇ nor the results of any Evaluator evaluation hereunder except with the written consent of Bentley▇▇▇▇▇▇▇. You Evaluator shall, upon ▇▇▇▇▇▇▇’▇ request, certify in writing as to the return or destruction of all such confidential information. (c) For purposes of this ▇▇▇▇, “Confidential and Proprietary Information” shall include, but not be limited to, the Test Software, including its functionality, performance, business purpose, specifications, Documentation, and the like, test results obtained by Evaluator through use of the Test Software, any material data relating to use of the Test Software by Evaluator, including, but not limited to defects, deficiencies, errors, omissions, work-arounds, features, enhancements, updates, upgrades, and other information typically relating to unreleased version(s) of computer programs, and any and all information, either written or oral, relating to the Test Software, including plans, business and financial information, which may, from time-to-time, be disclosed by ▇▇▇▇▇▇▇ to Evaluator during the term of this ▇▇▇▇. It is understood by both parties that ANY information provided by ▇▇▇▇▇▇▇ during the term to Evaluator relating to the Test Software is ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information. (d) The parties shall use such Confidential and Proprietary Information only for the purposes permitted under this agreementpurpose set forth in Section 1 above. You Evaluator shall make no other use of the Confidential and Proprietary Information, in whole or in part, without the specific prior written consent of Bentley. Accordingly, you agree Evaluator agrees not to make any commercial use of the Confidential and Proprietary Information, and you Evaluator shall not translate, copy, disassemble, reverse engineer, or decompile any EAL Cloud ServicesTest Software, nor shall you Evaluator make copies or translations of any documentationDocumentation. Furthermore, you Evaluator will not make any pre-release reports or give pre-release interviews concerning the EAP Cloud Services Test Software or the Confidential and Proprietary Information without ▇▇▇▇▇▇▇’▇ prior written consent. You . (e) Evaluator shall maintain ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information in strict confidence, shall limit internal disclosure of ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information to employees having a legitimate need to know, and shall exercise the same degree of care in protecting ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information as you exercise it exercises in protecting your its own confidential and proprietary information. Evaluator may make copies of the Test Software only to the extent necessary for the purpose of this ▇▇▇▇, provided that Evaluator shall also reproduce and include ▇▇▇▇▇▇▇’▇ trade secret, copyright, or other intellectual property rights notices on each such copy and include the legend “Test Product –Do Not Copy or Distribute.” (f) Any other related materials supplied by Bentley▇▇▇▇▇▇▇, including documentationDocumentation, may not be reproduced in any manner by youEvaluator. The original and all copies of ▇▇▇▇▇▇▇’▇ Confidential and Proprietary Information shall remain the property of Bentley ▇▇▇▇▇▇▇ and shall be returned to Bentley upon demand.