Information provided by Applicant in this Application and any information disclosed by March Networks to Applicant in circumstances of confidence, including current and proposed pricing of March Networks products, will be considered “Confidential Information”.
March Networks and Applicant agree that at all times it shall keep in confidence and trust all Confidential Information of the other party which may be disclosed from time to time, and each party agrees that it will exercise the same degree of care to preserve and safeguard the other party's Confidential Information, but not less than a reasonable degree of care, as the receiving party employs with respect to its own confidential information of similar importance.
The confidentiality obligations do not apply to information which: (a) is in, or enters, the public domain through no act of the receiving party; (b) is known to the receiving party on a non-confidential basis prior to disclosure hereunder; (c) is or has been lawfully disclosed to the receiving party by a third party without an obligation of confidentiality; or (d) is independently developed by employees of the receiving party without use or reference to the Confidential Information and such development can be conclusively proven by the receiving party.
March Networks and Applicant agree that it shall not publish, disseminate, copy or disclose to any person any Confidential Information of the other party without written approval of such party, and shall not use such Confidential Information for any purpose other than the contractual and prospective business arrangements between the two parties.
In no event shall either party be deemed to have any right or interest in or to any Confidential Information of the other party.
March Networks and Applicant agree, if requested, to return to the other party all Confidential Information belonging to the other party (including all copies thereof).
Applicant hereby certifies that all the information provided in this Application, including Applicant’s legal status is true, correct and complete.
