Common use of Identification of Proprietary Information Clause in Contracts

Identification of Proprietary Information. To the extent that information is transmitted by the disclosing Party to the receiving Party, and the disclosing Party deems such information proprietary, such information shall be protected under the terms of this Agreement: (a) if it is disclosed in writing, and the disclosing Party marks it on its face as proprietary; or, (b) if it is disclosed orally or visually, and the disclosing Party identifies it as proprietary at the time of disclosure and then reduces it to writing, marks it as proprietary, and delivers it to the receiving Party within fifteen (15) days of the non-written disclosure; or, (c) if it is disclosed by electronic transmission (e.g., facsimile, electronic mail, etc.) in either human readable form or machine readable form, and the disclosing Party marks it electronically as proprietary within the electronic transmission, such marking to be displayed in human readable form along with any display of the Proprietary Information; or, (d) if it is disclosed by delivery of an electronic storage medium or memory device, and the disclosing Party marks the storage medium or memory device itself as containing Proprietary Information and electronically marks the stored information as proprietary, such marking to be displayed in human readable form along with any display of the Proprietary Information. The disclosing Party shall ▇▇▇▇ the information as proprietary by an appropriate legend, stamp, or other marking. Information not in fact proprietary to the disclosing Party (or to another for which the Party is acting) shall not be so claimed or marked, and the Parties shall endeavor to keep to a minimum the amount of Proprietary Information disclosed hereunder.