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1.2 "Confidential Information" means:
<br />(i) With regard to COMPANY, all COMPANY Information, Software, inventions, know -bow,
<br />ideas, programs, apparatus programs, and Intellectual Property Rights related to, connected with
<br />or arising out of the Services;
<br />(H) With regard to CUSTOMER, CUSTOMER Information, and any non-public information
<br />regarding the business or business partners of CUSTOMER, in whole and in part; and
<br />(iii) With regard to either Party, the terms, conditions, pricing and other contents of this
<br />Agreement, any other information, technical data, or know-how, including, but not limited to, that
<br />which relates to research, product plans, products, services, customers, markets, software, software
<br />code, software documentation, developments, inventions, lists, trade secrets, data compilations,
<br />processes, designs, drawings, engineering, hardware configuration information, marketing or
<br />finances.
<br />Notwithstanding the foregoing, Confidential Information does not include Submitted Data or information,
<br />data or know-how which:
<br />(i) Is in the public domain at the time of the disclosure or becomes available to the public
<br />thereafter without restriction, and not as a result of the act or omission of the receiving Party;
<br />(H) Is rightfully obtained by the receiving Party from a third party without restriction as to
<br />disclosure;
<br />(iii) Is lawfully in the possession of the receiving Party at the time of the disclosure;
<br />(iv) Is approved for release by written authorization of the disclosing Party;
<br />(v) Is developed independently and separately by the receiving Party without use of the
<br />disclosing Party's Confidential Information; or
<br />(vi) Is required to be disclosed by the receiving Party pursuant to law or legally enforceable
<br />order of court or judicial body (in which event the receiving Party will comply with Section 6.2).
<br />1.3 "Fees" means all fees payable by CUSTOMER to COMPANY pursuant to this Agreement.
<br />1.4 "Force Majeure" means events or conditions beyond a Party's reasonable control, including,
<br />without limitation, acts of common enemy, earthquakes, floods, fires, epidemics, terrorist attacks,
<br />embargoes, strike, fire, governmental acts or orders or restrictions, acts of God, lack of internet availability,
<br />inability to secure products or services from third parties, or any other reason where failure to perform is
<br />not caused by the negligence of the nonperforming Party or such Party's Affiliate.
<br />1.5 "Information" means any technical, or business information in written, graphical, oral, or other
<br />tangible or intangible forms, including but not limited to specifications, drawings, tools, samples, reports,
<br />compilations, records, data, computer programs, drawings, models, and secrets.
<br />SUBSCRIPTION AGREEMENT FOR:
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