Each party must keep confidential any information it receives from the other party or under this agreement, including existing material and its data. Each party will take all reasonable steps to ensure its personnel abide by this clause.

The party that receives confidential information (receiving party) agrees to protect the interests of the party disclosing confidential information (disclosing party), and will:

• only use it to comply with its responsibilities under this agreement;

• only give the information to any of its personnel that need it, and only give as much of it as they need;

• use reasonable security procedures to make sure personnel keep the information confidential;

• get promises of confidentiality from those personnel who need access to the information;

• not reveal the information to anyone else; and

• not use it for any purpose other than this agreement.

At the end of this agreement, or on written request, the receiving party will give back to the disclosing party all originals and copies of confidential information of the disclosing party that the receiving party has. If the disclosing party agrees, the receiving party may destroy the confidential information it has. This clause does not apply if applicable law requires the receiving party to retain a copy of the confidential information. In such case, the receiving party will continue to perform its responsibilities under this clause until such time as it is legally permissible to return or destroy the confidential information.

These responsibilities will not apply to any information that:

• is lawfully in the public domain (available to the general public) when a party received it;

• lawfully becomes part of the public domain afterwards;

• is given to the receiving party afterwards by a different person who is allowed to reveal the confidential information; or

• is given to comply with a court proposal or other legal duty.

This clause about confidential information is separate from the rest of this agreement and remains valid in perpetuity.