15. Confidentiality
"Confidential Information" includes all information which may be disclosed in writing, by word of mouth or by any other means or medium, tangible or intangible, now known or in the future state of the art, exchanged as a consequence of this Advance Contract, including, without imitation: personal data, documents, techniques, designs, drawings, drafts, diagrams, models, samples, databases of any kind, applications, as well as any information relating to financial, commercial, technical and/or industrial aspects of any of the Parties to this Advance Contract.
The Parties to this Advance Contract undertake to maintain strict confidentiality and secrecy with regard to the confidential information provided to each other, and it shall not be disclosed in any form, in whole or in part, to any natural or legal person who is not a party to this Advance Contract.
For the proper implementation of this Advance Contract, it is agreed that all information is confidential, secret and reserved unless expressly stated otherwise.
Both Parties undertake (i) to use Confidential Information solely for the purpose for which it is intended as set out above and to use it in no other way.
Neither Party shall use confidential information for its own use, (ii) ensure that confidential information will not be duplicated, reproduced, modified or disclosed to any third party in whole or in part, by itself or by its officers or employees, associates or agents, without the prior express written consent of the party providing the information.
Both Parties undertake to establish internally all necessary measures for the exact and faithful fulfilment of this Advance Payment Agreement. To this end, they undertake (i) to communicate confidential information only and exclusively to those employees who need to know it for the proper performance of their duties, (ii) to protect, as far as possible, the information received from the other party against any possible theft, robbery or loss, (iii) not to use this Advance Contract as a means to demand or request the provision of information.
Any collection of information shall always and in any event be with the consent of the Parties.
Both Parties acknowledge and declare that the provisions contained in this Advance Contract shall not apply where the information to be protected (i) is publicly available at the time of its provision to either Party or after such provision becomes publicly available without any breach of any of the provisions of this Advance Contract, (ii) disclosure is required by law or court order. In such a case, the party concerned shall notify the other party as soon as possible of the measure or injunction, and shall seek assurances that the matter will be treated confidentially, (iii) it is confidential information already known to the Parties without thereby breaching confidentiality obligations, (iv) it can be proved by a party that such information was in its possession by lawful means prior to the supply of the information and no confidentiality agreement was in force at the time.
The provisions of this clause do not constitute a licence agreement, development contract or similar agreement, and the Parties shall take appropriate measures to ensure the confidential treatment of such information, which measures shall not be inferior to those applied by them to their own company's Confidential Information.
This clause shall enter into force and bind the Parties from the moment of signature of the present Contract of Advancement. Its duration shall extend from the signing of the Advance Contract, and shall continue indefinitely even after the termination of the Advance Contract or collaboration between the Parties.
