Osmium Data Confidentiality Statement: Each party shall maintain all information of a competitively sensitive or proprietary nature that it receives from the other (or otherwise encounters while on the other’s premises or network) in connection with the Agreement in confidence, using commercially reasonable standards and no less care than it uses with its own information of a similar nature, and shall use and disclose such information only as authorized by the other party. Each party shall require its personnel to agree to do likewise. These restrictions shall not be construed to apply to (1) information generally available to the public other than by a breach hereof; (2) information rightfully received by the recipient from a third party who is lawfully in possession of the same and who is not subject to a confidentiality or nonuse obligation with respect to that information; (3) information independently developed by the recipient or its personnel provided the person or persons developing the information have not had access to the information as received from the disclosing party; or (4) information already known to the recipient prior to its first receipt from the disclosing party. Notwithstanding the foregoing restrictions, the recipient may use and disclose any information to the extent required by law, but only after the disclosing party has been so notified and has had the opportunity, if possible, to obtain reasonable protection for such information in connection with such disclosure.
