Privacy Policy: "Confidential Information" means
all information relating to the engagement of business
with Netrique that is disclosed by client, or potential
client, or on behalf of client, either directly or
indirectly and either in writing or orally, including,
but not limited to, financial information, matters
of a technical nature (including computer programs),
matters of a business nature (such as information
about contract forms, costs, profits, markets, product
costing, sales, potential customers, customers, suppliers
and employees), business development plans, distribution
arrangements, promotional methods and any other information
of a similar nature not available to the public. Confidential
Information may also include information disclosed
to a disclosing party by third parties. Confidential
Information shall not, however, include any information
which: (i) is publicly known and made generally available
through no action or inaction of the receiving party;
(ii) is in the possession of the receiving party prior
to disclosure; (iii) is independently developed by
the receiving party without use of or reference to
the disclosing party's Confidential Information; or
(iv) is required by law to be disclosed by the receiving
party, provided that the receiving party gives the
disclosing party prompt written notice prior to such
disclosure and assistance in obtaining an order protecting
the information from public disclosure.
Netrique, Inc. agrees not to use any Confidential
Information of the any client, or potential client
for any purpose except to evaluate and engage in discussions
concerning a potential business relationship between
the parties. Each party agrees not to disclose any
Confidential Information of the other party to such
party's employees or to third parties, except those
who are required to have the information in order
to evaluate or engage in discussions concerning the
contemplated business relationship. Neither party
shall reverse engineer, disassemble or decompile any
prototypes, software or other tangible objects which
embody the other party's Confidential Information
and are provided hereunder.
Netrique agrees to and requires anyone doing business
with Netrique to agree that all parties shall take
reasonable measures to protect the secrecy of and
avoid disclosure and unauthorized use of the Confidential
Information of the other party. Without limiting the
foregoing, each party shall take at least those measures
that it takes to protect its own most highly confidential
information and shall ensure that its employees and
third parties who have access to Confidential Information
of the other party have signed a non-use and non-disclosure
agreement in content similar to the provisions hereof,
prior to any disclosure of Confidential Information
to such employees or third parties.
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