Confidentiality and No Reverse Engineering Sample Clauses

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Confidentiality and No Reverse Engineering. You acknowledge and agree that Your BlackBerry Solution was: (a) developed at considerable time and expense by RIM and/or the RIM Group of Companies; and (b) that the RIM Products, RIM Services, Software, and associated CALs, including the Beta Products, contain confidential information including the trade-secrets of RIM, the RIM Group of Companies and their respective suppliers. Without limiting the foregoing, for Beta Products, confidential information includes the appearance, ‘look and feel’, performance, specifications, features and functionality of software and hardware, which information may not be discussed or shown to the public by You or Your Authorised Users in any manner until publicly released by RIM. This Agreement gives You no right to obtain from RIM, its affiliates, or its distributors any source code for the Software, RIM Services, Third Party Items or Third Party Services and, except to the extent that RIM is expressly precluded by law from prohibiting these activities, You agree that neither You nor Your Authorised Users will alter, modify, adapt, create derivative works, translate, deface, or Reverse Engineer the Software and/or associated CALs, RIM Services, or Third Party Items or Third Party Services or attempt to do so, or permit, acquiesce, authorise or encourage any other party to do the same. For the purpose of this Agreement, "Reverse Engineer" includes any act of reverse engineering, translating, disassembling, decompiling, decrypting or deconstructing (including any aspect of "dumping of RAM/ROM or persistent storage", "cable or wireless link sniffing", or "black box" reverse engineering) data, software (including interfaces, protocols, and any other data included in or used in conjunction with programs that may or may not technically be considered software code), service, or hardware or any method or process of obtaining or converting any information, data or software from one form into a human-readable form.
Confidentiality and No Reverse Engineering. You acknowledge and agree that the Software was: (a) developed at considerable time and expense by RIM and/or the RIM Group of Companies; and (b) that the Software and associated CALs contain confidential information including the trade-secrets of RIM, the RIM Group of Companies and their respective suppliers. This Agreement gives You no right to obtain from RIM or its distributors any source code for the Software, and, except to the extent that RIM is expressly precluded by law from prohibiting these activities, You agree that neither You nor Your Authorised Users will alter, modify, adapt, create derivative works, translate, deface, or Reverse Engineer the Software and/or associated CALs, or attempt to do so, or permit, acquiesce, authorise or encourage any other party to do the same. For the purpose of this Agreement, "Reverse Engineer" includes any act of reverse engineering, translating, disassembling, decompiling, decrypting or deconstructing (including any aspect of "dumping of RAM/ROM or persistent storage", "cable or wireless link sniffing", or "black box" reverse engineering) data, software (including interfaces, protocols, and any other data included in or used in conjunction with programs that may or may not technically be considered software code), service, or hardware or any method or process of obtaining or converting any information, data or software from one form into a human-readable form.
Confidentiality and No Reverse Engineering. The stipulations of this Section 23 apply to Data only subsequently. If the Parties have concluded an agreement covering the obligation to maintain information exchanged under this Agreement confidential (“NDA”), then this NDA applies. Sections 23.2 to 23.10 shall be not applicable. Data is considered confidential information of Data Provider under the applicable confidentiality stipulations. The Parties undertake to ensure all information, data and documentation of either Party, including but not limited to technical, financial or business information, disclosed to it and to be compiled during its activity within the scope of, and in connection with, the execution of this Agreement, is maintained at all times as being strictly confidential, and to handle this in the same way as its own trade secrets. The Parties agree that the documentation, data and information provided and compiled by one of the Parties, in its entirety, may neither be used commercially by the other Party for purposes beyond the framework of this Agreement, nor disclosed to third parties or another licensee, either in an identical or a modified form, unless the written consent of the other Party has been obtained in this respect. The confidentiality obligation in this Agreement shall remain in force for a period of five (5) years following the termination of this Agreement. The Parties shall impose corresponding obligations upon their employees. All information, data and documentation, plans, drafts, etc. which are in the possession of a Party shall be returned by the latter upon request following termination of the Agreement. Instead of the return, the requesting Party can also ask for the destruction of the information, data and documentation. The content of this Agreement, in particular the commercial conditions, is also to be treated as confidential. It may only be disclosed to such employees who are required to know it in order to execute this Agreement and who are correspondingly obliged to secrecy. Without prejudice to any other provision of this Agreement, the Parties shall not be subject to any obligation of secrecy concerning any information that constitutes public knowledge and has not become public due to the violation of this Agreement; that was disclosed to any of the Parties by a third person authorized to make such a disclosure; the possessor of which can prove in a satisfactory manner to the other Party that the pieces of information disclosed were already known to the ...
Confidentiality and No Reverse Engineering. You acknowledge and agree that the BBM Solution was: (a) developed at considerable time and expense by BlackBerry and/or the BlackBerry Group of Companies; and(b) that the BBM Solution contains confidential information including the trade-secrets of BlackBerry, the BlackBerry Group of Companies and their respective suppliers. This Agreement gives You no right to obtain from BlackBerry, the BlackBerry Group of Companies, or its distributors any source code for the Software, Services, Third Party Items or Third Party Services and, except to the extent that BlackBerry is expressly precluded by law from prohibiting these activities, You agree that You will not alter, modify, adapt, create derivative works, translate, deface, or Reverse Engineer the Software, Services, or Third Party Items or Third Party Services or attempt to doso, or permit, acquiesce, authorise or encourage any other party to do the same. For the purpose of this Agreement, "Reverse Engineer" includes any act of reverse engineering, translating, disassembling, decompiling, decrypting or deconstructing (including any aspect of "dumping of RAM/ROM or persistent storage", "cable or wireless link sniffing", or "black box" reverse engineering) data, software (including interfaces, protocols, and any other data included in or used in conjunction with programs that may or may not technically be considered software code), service, or hardware or any method or process of obtaining or converting any information, data or softwarefromone form into a human-readable form. Without in any way limiting the foregoing, You expressly waive and relinquish any right You may have to copy or adapt any part of the BBM Solution pursuant to any right You may have under Section 61 of the Hong Kong Copyright Ordinance (Chapter 528) or any other local legislation.
Confidentiality and No Reverse Engineering. The Customer acknowledges and agrees that the Software was: a. developed at considerable time and expense by Teknobuilt and/or its affiliates and their respective suppliers; and a. that the Software, including the Registration Key, contains confidential information including the trade-secrets of Teknobuilt and its suppliers. This Agreement gives the Customer no right to obtain from Teknobuilt or its affiliates any source code for the Software, and, except to the extent that Teknobuilt is expressly precluded by law from prohibiting these activities. The Customer agrees that they will not alter, modify, adapt, create derivative works, translate, deface, or Reverse Engineer (defined below) the Software, including the Registration Key, or attempt to do so, or permit, acquiesce, authorize or encourage any other party to do the same. For the purpose of this Agreement, "Reverse Engineer" includes any act of reverse engineering, translating, disassembling, decompiling, decrypting or deconstructing (including any aspect of "dumping of RAM/ROM or persistent storage", "cable or wireless link sniffing", or "black box" reverse engineering) data, software (including interfaces, protocols, and any other data included in or used in conjunction with programs that may or may not technically be considered software code), service, or hardware or any method or process of obtaining or converting any information, data or software from one form into a human-readable form.

Related to Confidentiality and No Reverse Engineering

  • Confidentiality and Non-Use In consideration of receiving Confidential Information, the QCP and PA agree as follows: a. The Parties hereby acknowledge that any Confidential Information received by either Party is the property of the disclosing Party and the Property Owner, as applicable, and that the receiving Party shall hold confidential and not disclose to any Person, without the prior written consent of the disclosing Party or as otherwise required by law, and if such consent is given, obtain a written commitment from such third party, all Confidential Information and any information about the Project, or the terms or conditions or any other facts relating thereto, including, without limitation, the fact that discussions are taking place with respect thereto or the status thereof, or the fact that Confidential Information has been made available to the receiving Party or its Representatives; provided, however, that the Parties may disclose such Confidential Information to their Representatives and their potential or actual direct or indirect investors and potential or actual third party participants in the Project or third party assignees or transferees of all or any portion of the Project, who are actively and directly participating in the Party’s evaluation of the Project or who otherwise need to know the Confidential Information for the purpose of the Project; b. Each Party shall cause all its Representatives to observe the terms of this Agreement and shall be responsible for any breach of the terms of this Agreement by it or its Representatives; and, c. The receiving Party shall return or destroy all Confidential Information (including all copies thereof) within ten (10) days of receipt of a written request made by the disclosing Party, except for one record copy that may be maintained by the receiving Party in its legal archives. Further, the receiving Party shall delete all Confidential Information contained in electronic files. Notwithstanding the foregoing, the Parties may retain copies of any computer records and files containing Confidential Information that have been created pursuant to their automatic electronic archiving and back-up procedures until such computer records and files have been deleted in the ordinary course. Any copies retained as described shall be maintained as Confidential Information in accordance with the terms of this Agreement. d. In addition to the foregoing, neither Party will use the Confidential Information for any purpose other than directly in connection with the Project and as expressly authorized in writing by the disclosing Party or, if the Confidential Information is the property of the Property Owner, by the Property Owner.

  • Confidentiality and Proprietary Information 9.1 For the purposes of this Agreement, Confidential Information (“Confidential Information”) means confidential or proprietary technical or business information given by one Party (the “Discloser”) to the other (the “Recipient”). All information which is disclosed by one Party to the other in connection with this Agreement, during negotiations and the term of this Agreement will not be deemed Confidential Information to the Discloser and subject to this Section 9, unless the confidentiality of the information is confirmed in writing by the Discloser prior to disclosure. The Recipient agrees (i) to use Confidential Information only for the purpose of performing under this Agreement, (ii) to hold it in confidence and disclose it to no one other than its employees having a need to know for the purpose of performing under this Agreement, and (iii) to safeguard it from unauthorized use or disclosure using at least the same degree of care with which the Recipient safeguards its own Confidential Information. If the Recipient wishes to disclose the Discloser's Confidential Information to a third-party agent or consultant, such disclosure must be agreed to in writing by the Discloser, and the agent or consultant must have executed a written agreement of nondisclosures and nonuse comparable in scope to the terms of this section. 9.2 The Recipient may make copies of Confidential Information only as reasonably necessary to perform its obligations under this Agreement. All such copies will be subject to the same restrictions and protections as the original and will bear the same copyright and proprietary rights notices as are contained on the original. 9.3 The Recipient agrees to return all Confidential Information in tangible form received from the Discloser, including any copies made by the Recipient, within thirty (30) days after a written request is delivered to the Recipient, or to destroy all such Confidential Information if directed to do so by Discloser except for Confidential Information that the Recipient reasonably requires to perform its obligations under this Agreement; the Recipient shall certify destruction by written letter to the Discloser. If either Party loses or makes an unauthorized disclosure of the Party’s Confidential Information, it will notify such other Party immediately and use its best efforts to retrieve the lost or wrongfully disclosed information. 9.4 The Recipient shall have no obligation to safeguard Confidential Information: (i) which was in the possession of the Recipient free of restriction prior to its receipt from the Discloser; (ii) after it becomes publicly known or available through no breach of this Agreement by the Recipient; (iii) after it is rightfully acquired by the Recipient free of restrictions on its discloser; (iv) after it is independently developed by personnel of the Recipient to whom the Discloser's Confidential Information had not been previously disclosed. In addition, either Party will have the right to disclose Confidential Information to any mediator, arbitrator, state or federal regulatory body, or a court in the conduct of any mediation, arbitration or approval of this Agreement, as long as, in the absence of an applicable protective order, the Discloser has been previously notified by the Recipient in time sufficient for the Recipient to undertake all lawful measures to avoid disclosing such confidential information and for Discloser to have reasonable time to seek or negotiate a protective order before or with any applicable mediator, arbitrator, state or regulatory body or a court. 9.5 The Parties recognize that an individual End User may simultaneously seek to become or be a customer of both Parties. Nothing in this Agreement is intended to limit the ability of either Party to use customer specific information lawfully obtained from End Users or sources other than the Discloser. 9.6 Each Party’s obligations to safeguard Confidential Information disclosed prior to expiration or termination of this Agreement will survive such expiration or termination. 9.7 No license is hereby granted under any patent, trademark, or copyright, nor is any such license implied solely by virtue or the disclosure of any Confidential Information. 9.8 Each Party agrees that the Discloser may be irreparably injured by a disclosure in breach of this Agreement by the Recipient or its representatives and the Discloser will be entitled to seek equitable relief, including injunctive relief and specific performance, in the event of any breach or threatened breach of the confidentiality provisions of this Agreement. Such remedies will not be deemed to be the exclusive remedies for a breach of this Agreement, but will be in addition to all other remedies available at law or in equity.

  • Confidentiality and Proprietary Rights Executive agrees to read, sign and abide by Company’s Employee Innovations and Proprietary Rights Assignment Agreement, which is provided with this Agreement and incorporated herein by reference.

  • Confidentiality and Nondisclosure (a) Each party (the "Receiving Party") hereby acknowledges that it may be exposed to Confidential Information (as defined herein) of the other party (the "Disclosing Party"). Except as provided herein, the parties further acknowledge that such Confidential Information shall not include the existence of this Agreement, but shall include the terms and conditions of this Agreement. Subject to the License granted to LICENSEE in Section 2(a) to use the Licensed Data (which for all other purposes shall be treated as LICENSOR'S Confidential Information), the Receiving Party agrees to protect the Disclosing Party's Confidential Information to the same extent as the Receiving Party protects its own Confidential Information, but in any event using not less than reasonable care. (b) Each party when acting in the capacity of a Receiving Party hereby agrees, during the term of this Agreement and at all times thereafter, not to use, commercialize or disclose the Disclosing Party's Confidential Information to any person or entity, including customers or potential customers or subscribers of any party, without the express written consent of the Disclosing Party. Upon termination of this Agreement, the Receiving Party shall return to the Disclosing Party all of the Disclosing Party's Confidential Information in whatever form in the Receiving Party's possession or control, or at the option of the Disclosing Party, destroy the Disclosing Party's Confidential Information, and provide the Disclosing Party with a written certificate signed by an officer of the Receiving Party attesting to such destruction.. (c) The Receiving Party acknowledges that unauthorized use, misappropriation or disclosure of the Disclosing Party's Confidential Information or other proprietary information, as described in this Section 9, would cause irreparable harm to the Disclosing Party. Remedies at law being inadequate, the provisions of this Section 9 may be enforced by temporary or permanent injunctive relief.

  • Confidentiality and Non-Disclosure The Executive hereby agrees at all times during the term of the Employment and after his termination, to hold in the strictest confidence, and not to use, except for the benefit of the Company, or to disclose to any person, corporation or other entity without prior written consent of the Company, any Confidential Information. The Executive understands that “Confidential Information” means any proprietary or confidential information of the Company, its affiliates, or their respective clients, customers or partners, including, without limitation, technical data, trade secrets, research and development information, product plans, services, customer lists and customers, supplier lists and suppliers, software developments, inventions, processes, formulas, technology, designs, hardware configuration information, personnel information, marketing, finances, information about the suppliers, joint ventures, franchisees, distributors and other persons with whom the Company does business, information regarding the skills and compensation of other employees of the Company or other business information disclosed to the Executive by or obtained by the Executive from the Company, its affiliates, or their respective clients, customers or partners, either directly or indirectly, in writing, orally or otherwise, if specifically indicated to be confidential or reasonably expected to be confidential. Notwithstanding the foregoing, Confidential Information shall not include information that is generally available and known to the public through no fault of the Executive.