Mutual Confidential Disclosure Agreement
By using IBM Developer, you may be subject to and, if so, will comply with the terms of the Confidentiality Agreement relating to mutual disclosures set forth below.
This Confidentiality Agreement (“Agreement”) provides protection for confidential information (“Information”) exchanged among the participants of a community or other component on IBM Developer (“Site”). By accessing and using the Site, each of us agrees that the following terms apply when one of us discloses Information (Discloser) to the other (Recipient) in a community or other component on the Site.
This Agreement pertains solely to disclosures by Discloser of Information in a community, or other component on the Site. Disclosures outside of the Site may be subject to additional or other confidentiality agreements, and this Agreement does not supersede or otherwise affect any such other confidentiality agreements.
For five(5) years after the date of disclosure, the Recipient will: i) use the same care and discretion to avoid disclosure of the Discloser’s Information as the Recipient uses with its own similar information which it does not wish to disclose; and ii) use Discloser’s Information only in connection with the activities contemplated on the Site.
The Recipient may disclose Information to: i) its employees and employees of its parent and majority owned affiliates who have a need to know; and ii) any other party with the Discloser’s prior written consent. Before disclosure to any of the above parties, the Recipient must have an appropriate agreement with such party sufficient to require that party to treat Information in accordance with this Agreement. Nothing in this Agreement limits the parties’ ability to assign its employees to other projects. Experience naturally acquired by either party’s employees (or contractors) during the course of the parties’ relationship may be utilized in its business activities and such utilization does not violate the obligations under Section xx (Confidentiality Obligations) of this Agreement. (WE DO NOT HAVE THIS SECTION?) The Recipient may disclose Information to the extent required by law, but must give the Discloser reasonable prior notice to allow the Discloser a reasonable opportunity to obtain a protective order. No obligation under this Agreement will apply to Information that is: i) already in Recipient’s possession or received by Recipient without a non-disclosure obligation; ii) developed independently by Recipient; or iii) publicly available when received, or thereafter becomes publicly available through no fault of the Recipient.