FujiFilm VisualSonics Vevo F2 User Manual page 475

information and records requested regarding the design,
operation and performance of the Software, Computer, System
and Machinery and information and records requested regarding
applications of use of the Software, Computer, System and
Machinery to FVSI upon their written or oral request.
12. Confidentiality
12.1 USER acknowledges that USER may have access to and be
entrusted with confidential information and trade secrets
relating to FVSI. The term "Confidential Information" includes
information relating to the business or affairs of FVSI,
identified as confidential or proprietary to FVSI. USER
acknowledges that this Agreement is not a license to use
FVSI's Confidential Information. Accordingly, USER covenants
and agrees with FVSI that USER shall not disclose any
Confidential Information to any person, nor shall USER use,
directly or indirectly, any Confidential Information for any
purpose not contemplated by this Agreement, nor shall USER
disclose or use for any purpose other than that of this
Agreement any other information of a confidential nature which
USER may acquire with respect to the business of the Company.
USER will take all reasonable precautions to prevent
inadvertent disclosure of Confidential Information. This
prohibition against disclosure includes, but is not limited
to, disclosing that any similarity exists between the
confidential information and information independently
developed by another person or entity.
12.2 "Confidential Information" specifically does not
include any of the foregoing which:
(A) is or becomes a matter of public knowledge, other than
as a result of disclosure by USER or their agents or
representatives in violation of this agreement;
(B) was known by USER prior to their acquisition of the
System, Computer, Software or Machinery provided any such
knowledge was lawfully obtained or developed;
(C) subsequently becomes known to USER from a third party,
Reference
Vevo F2 Imaging System User Manual
475