Res 2006-035 - Laserfiche WebLink

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I 16. Confidential Information 16.1 "Confidential Information" refers to business and financial information and data that derives economic value, actual or potential, from generally not being known to, and not being readily ascertainable by proper means by other persons who can obtain economic value from its disclosure or use. Confidential Information must be prominently marked "Confidential." Confidential Information includes all non-public personal information you obtain from a Consumer in connection with a POS Transaction. Confidential Information does not include: (a) information recipient rightfully had in possession when disclosed to, free of any obligation to keep such information confidential; (b) information recipient independently developed without access to the other party's Confidential Information; (c) information that is or becomes known to the public; or (d) information rightfully received from a third party without the obligation of confidentiality. I 16.2 Treatment of Confidential Information. Each of the parties, as recipient of Confidential Information, agrees that it will not use or disclose, and will cause its officers, employees, affiliates, agents, consultants and independent contractors not to use or disclose, Confidential Information to any person for any reason whatsoever other than on a "need-to-know" basis, including: (a) as reasonably required for the operation of the Services contemplated by this Agreement; (b) as expressly permitted by this Agreement; or (c) as required by law. Each party, as a recipient of Confidential Information, will treat Confidential Information with no less care than it employs for its own Confidential Information of a similar nature that it does not wish to disclose, publish or disseminate, but with not less than a reasonable level of care. 16.3 The obligations of this Section 16 will survive the termination of this Agreement. 14 I