“Confidential Information” means any and all information, including, without limitation, Technology or Intellectual Property Rights, Specifications, Customer Information, Marketing Plans, or other Business or Technical information, and which is disclosed by the Author on this ISTC Forum web site as text, attached document or link.
Without limiting the foregoing, the Confidential Information does not include information which:
- was available to the general public at the time it was entered into the ISTC Forum web site or became available to the general public thereafter;
- was in the User’s possession or was previously known to the User without obligation of confidentiality;
- becomes lawfully and generally available to the public other than as a result of a violation of any confidentiality agreement;
- is rightfully obtained by the User without obligations of confidence from a third party who is free to disclose the information;
- is disclosed by the Author to a third party without a duty of confidentiality on the third party;
- was independently developed by the User without use of, or reference to, the Confidential Information;
- is required by law or the action of a court of competent jurisdiction to be disclosed by the User; and
- is approved for release by written authorization of the Author.
“Purpose” means the submission of, discussion on, consideration and evaluation of Project Proposals on this ISTC Forum web site.
“Author” means the author of a Project Proposal or any Comment regarding a Project Proposal.
By registration for this ISTC Forum web site, the User
- obligates to ensure the confidentiality of Confidential Information made available to him in connection with the Purpose.
- shall make use of the Confidential Information solely for the Purpose.
- shall protect the Confidential Information against unauthorized use, dissemination or publication by using the same degree of care, but no less than a reasonable degree of care, as he uses to protect his own Confidential Information of a similar nature.
- shall refrain from making available the Confidential Information to any third person who has not registered for this ISTC Forum web site.
- may make available the Confidential Information to employees and advisors engaged in the Purpose. In this case the User shall be obliged to inform any such person of the obligation of confidentiality prior to making available Confidential Information to any such person.
The Confidential Information shall remain the property of the Author. It is understood that no license is granted to the User.
The access to the Confidential Information do not imply any commitment to conclude a collaboration agreement or any other agreement.
The Author shall have no liability or responsibility for errors or omissions in the Confidential Information or relating to or resulting from the use in whole or in part of Confidential Information or any decisions made in reliance on the Confidential Information.