Non-Disclosure and Use of Confidential Information. a. Lessor will not disclose to others, personally use for its own benefit or the benefit of third parties ,or otherwise appropriate or copy any of Lessee’s confidential information except as required in connection with Lessor’s performance of its obligations under this agreement unless Lessor can prove that it acquired the information either before its creation, development or disclosure by Lessee, or by other than unauthorised disclosure. b. Confidential information is any proprietary or confidential information that Lessor learns from Lessee or from Lessor’s performance under this agreement about Lessee’s business, including trade secrets; products, processes and services; business plans, product development plans, marketing plans or internal business procedures; confidential and proprietary information of Lessee’s customers; test procedures and results; computer codes and hardware system information; customer information and lists; accounting, marketing and merchandising reports and other information generated by Lessee’s operation of the Domain Names; Lessee’s patents, trademarks or other intellectual property rights; and business methods used or developed by or for Lessee. c. ▇▇▇▇▇▇ acknowledges that the confidential information is the exclusive property of Lessee, its customers, or third parties that have disclosed information to Lessee in confidence. d. ▇▇▇▇▇▇ acknowledges that damages at law are an insufficient remedy if Lessor violates the terms of this paragraph and that Lessee may apply for injunctive relief in any court of competent jurisdiction to restrain the breach or threatened breach of Lessor’s promises in this paragraph. e. ▇▇▇▇▇▇’▇ promises in this paragraph are an essential element of this agreement and survive the termination of this agreement.
Appears in 1 contract
Sources: Domain Lease Agreement (FrequentTraveller.com Inc.)
Non-Disclosure and Use of Confidential Information. a. Lessor will not disclose to others, personally use for its own benefit or the benefit of third parties ,or otherwise appropriate or copy any of Lessee’s confidential information except as required in connection with Lessor’s performance of its obligations under this agreement unless Lessor can prove that it acquired the information either before its creation, development or disclosure by Lessee, or by other than unauthorised disclosure.
b. Confidential information is any proprietary or confidential information that Lessor learns from Lessee or from Lessor’s performance under this agreement about Lessee’s business, including trade secrets; products, processes and services; business plans, product development plans, marketing plans or internal business procedures; confidential and proprietary information of Lessee’s customers; test procedures and results; computer codes and hardware system information; customer information and lists; accounting, marketing and merchandising reports and other information generated by Lessee’s operation of the Domain Names; Lessee’s patents, trademarks or other intellectual property rights; and business methods used or developed by or for Lessee.
c. ▇. ▇▇▇▇▇▇ acknowledges that the confidential information is the exclusive property of Lessee, its customers, or third parties that have disclosed information to Lessee in confidence.
d. ▇. ▇▇▇▇▇▇ acknowledges that damages at law are an insufficient remedy if Lessor violates the terms of this paragraph and that Lessee may apply for injunctive relief in any court of competent jurisdiction to restrain the breach or threatened breach of Lessor’s promises in this paragraph.
e. ▇. ▇▇▇▇▇▇’▇ promises in this paragraph are an essential element of this agreement and survive the termination of this agreement.
Appears in 1 contract