kozue13/Contracts · Datasets at Hugging Face

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is independently developed by an employee, agent or consultant of Recipient without reference to the
Confidential Information; or
5.5.
is approved for release by written authorization from Disclosing Party.
5.6.
The Recipient is hereby notified that, as set forth in 18 U.S.C.
§1833(b), he/she does not have criminal or
civil liability under U.S. trade secret law for the following disclosures of a trade secret:
5.6.1. disclosure in confidence to a federal, state or local government official, either directly or indirectly, or
to an attorney, provided the disclosure is for the sole purpose of reporting or investigating a
suspected violation of law; and/or
5.6.2. disclosure in a complaint or other document filed in a lawsuit or other proceeding if such filing is
made under seal; and/or
5.6.3. under those circumstances where Recipient files a lawsuit for retaliation against the Disclosing Party
for reporting a suspected violation of law, Recipient may disclose the Disclosing Party’s trade secret
information to its attorney and may use the trade secret information in the court proceeding if
Recipient files any document containing the trade secret under seal and does not disclose the trade
secret, except pursuant to court order.
6.
REPRODUCTION AND RETURN OF CONFIDENTIAL INFORMATION.
The Confidential Information provided by
the Disclosing Party shall not be copied or reproduced without the Disclosing Party’s prior written permission,
except for such copies as may reasonably be required for the purpose as set forth in Section I of this Agreement.
Disclosing Party may serve written request on Recipient for return or destruction of its Confidential Information at
any time up to six (6) months after the termination or expiry of this Agreement and Recipient shall, within thirty (30)
days of such request or termination, return to the Disclosing Party (or its designees) or certify as destroyed all
Confidential Information, in whatever form, including written or electronically recorded information and all copies
thereof (other than copies retained in automatic back-up and archive systems), provided however that Recipient
shall be entitled to retain one copy of the Confidential Information with its legal counsel or other appropriate
corporate representative to evidence the exchange of information hereunder and in connection with legal or
statutory requirements.
All such retained copies shall remain subject to the use and disclosure restrictions in this
Agreement.
7.
DISCLOSURES REQUIRED BY LAW.
If Recipient is requested, ordered or required by a regulatory agency or any
other government authority or a court to disclose any Confidential Information, Recipient shall promptly notify
Disclosing Party of such request, order or requirement so that Disclosing Party may have the opportunity to contest
the disclosure, including seeking a protective order, or waive Recipient’s compliance with this Agreement.
If
Recipient is (in the opinion of its counsel) compelled to disclose any Confidential Information, or else be liable for
contempt or other penalty or be subject to claims from a third party, Recipient may disclose such Confidential
Information without liability under this Agreement.
8.
EXPORT LAWS.
Neither party shall export, directly or indirectly, any of the Confidential Information to any country,
person or entity which the US Government, at the time of export, requires an export license or other governmental
approval without first obtaining such license or approval.
The Recipient shall first obtain the written consent of
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2017.03.31.IPR-NA
Page 3 of 4
Disclosing Party prior to submitting any request for authority to export such Confidential Information.
For the
purposes of this Agreement, export occurs when Confidential Information is transferred from one country to another
by any means, including but not limited to physical shipments, FTP file transfers, e-mails, faxes, oral transfers or
remote server access and an export may also occur when Confidential Information is transferred to or accessed by
a person who is neither a citizen nor permanent resident of the country in which such transfer or access is taking
place.
9.
OWNERSHIP OF CONFIDENTIAL INFORMATION.
Disclosing Party or its licensors, as the case may be, retain all
rights in Confidential Information disclosed and all documents, prototypes, software development kits (SDKs) and
other similar tangible property embodying, containing or reflecting the same shall remain the property of Disclosing
Party.
10.
NO LICENSE.
Neither the execution of this Agreement nor the disclosure of any Confidential Information is
construed as granting either expressly or by implication, estoppel or otherwise, any license or right to the
Confidential Information or any intellectual property rights embodied therein.
11.
NO WARRANTY.
All Confidential Information provided under this Agreement is provided “AS IS” and specifically
excludes any warranty, whether express or implied, including without limitation, any implied warranty of
merchantability, fitness for a particular purpose, or accuracy.
The Disclosing Party is not liable under this
Agreement for any damages in connection with, related to, or arising out of the use of its Confidential Information.
12.
NO OBLIGATION.
This Agreement shall not be construed in any manner to be an obligation to enter into a further
substantive contract or to disclose any particular Confidential Information.
13.
INDEPENDENT DEVELOPMENTS.
Disclosing Party understands that Recipient may develop or have developed
information internally, or receive or have received information from other parties that is similar to the Confidential
Information.
Accordingly, nothing in this Agreement shall be construed as a representation that Recipient has not
or will not independently develop products that compete with the products or systems contemplated by the
Confidential Information provided that it does so without breaching the terms of this Agreement.
14.
RELATIONSHIP.
Each party hereto shall be considered as an independent contractor responsible for its own
expenses and financial obligations incurred in the performance of this Agreement.
15.
NO WAIVER.
Neither party waives any rights in invention or development lawfully possessed by it at the time of
signing this Agreement.
In addition, this Agreement does not imply any waiver of any rights or action under the
patent, trademark, copyright, trade secret, unfair competition, fair trade or related laws.
Failure to exercise any

is independently developed by an employee, agent or consultant of Recipient without reference to the

Confidential Information; or

5.5.

is approved for release by written authorization from Disclosing Party.

5.6.

The Recipient is hereby notified that, as set forth in 18 U.S.C.

§1833(b), he/she does not have criminal or

civil liability under U.S. trade secret law for the following disclosures of a trade secret:

5.6.1. disclosure in confidence to a federal, state or local government official, either directly or indirectly, or

to an attorney, provided the disclosure is for the sole purpose of reporting or investigating a

suspected violation of law; and/or

5.6.2. disclosure in a complaint or other document filed in a lawsuit or other proceeding if such filing is

made under seal; and/or

5.6.3. under those circumstances where Recipient files a lawsuit for retaliation against the Disclosing Party

for reporting a suspected violation of law, Recipient may disclose the Disclosing Party’s trade secret

information to its attorney and may use the trade secret information in the court proceeding if

Recipient files any document containing the trade secret under seal and does not disclose the trade

secret, except pursuant to court order.

6.

REPRODUCTION AND RETURN OF CONFIDENTIAL INFORMATION.

The Confidential Information provided by

the Disclosing Party shall not be copied or reproduced without the Disclosing Party’s prior written permission,

except for such copies as may reasonably be required for the purpose as set forth in Section I of this Agreement.

Disclosing Party may serve written request on Recipient for return or destruction of its Confidential Information at

any time up to six (6) months after the termination or expiry of this Agreement and Recipient shall, within thirty (30)

days of such request or termination, return to the Disclosing Party (or its designees) or certify as destroyed all

Confidential Information, in whatever form, including written or electronically recorded information and all copies

thereof (other than copies retained in automatic back-up and archive systems), provided however that Recipient

shall be entitled to retain one copy of the Confidential Information with its legal counsel or other appropriate

corporate representative to evidence the exchange of information hereunder and in connection with legal or

statutory requirements.

All such retained copies shall remain subject to the use and disclosure restrictions in this

Agreement.

7.

DISCLOSURES REQUIRED BY LAW.

If Recipient is requested, ordered or required by a regulatory agency or any

other government authority or a court to disclose any Confidential Information, Recipient shall promptly notify

Disclosing Party of such request, order or requirement so that Disclosing Party may have the opportunity to contest

the disclosure, including seeking a protective order, or waive Recipient’s compliance with this Agreement.

If

Recipient is (in the opinion of its counsel) compelled to disclose any Confidential Information, or else be liable for

contempt or other penalty or be subject to claims from a third party, Recipient may disclose such Confidential

Information without liability under this Agreement.

8.

EXPORT LAWS.

Neither party shall export, directly or indirectly, any of the Confidential Information to any country,

person or entity which the US Government, at the time of export, requires an export license or other governmental

approval without first obtaining such license or approval.

The Recipient shall first obtain the written consent of

Bosch North America Mutual NDA rev.

2017.03.31.IPR-NA

Page 3 of 4

Disclosing Party prior to submitting any request for authority to export such Confidential Information.

For the

purposes of this Agreement, export occurs when Confidential Information is transferred from one country to another

by any means, including but not limited to physical shipments, FTP file transfers, e-mails, faxes, oral transfers or

remote server access and an export may also occur when Confidential Information is transferred to or accessed by

a person who is neither a citizen nor permanent resident of the country in which such transfer or access is taking

place.

9.

OWNERSHIP OF CONFIDENTIAL INFORMATION.

Disclosing Party or its licensors, as the case may be, retain all

rights in Confidential Information disclosed and all documents, prototypes, software development kits (SDKs) and

other similar tangible property embodying, containing or reflecting the same shall remain the property of Disclosing

Party.

10.

NO LICENSE.

Neither the execution of this Agreement nor the disclosure of any Confidential Information is

construed as granting either expressly or by implication, estoppel or otherwise, any license or right to the

Confidential Information or any intellectual property rights embodied therein.

11.

NO WARRANTY.

All Confidential Information provided under this Agreement is provided “AS IS” and specifically

excludes any warranty, whether express or implied, including without limitation, any implied warranty of

merchantability, fitness for a particular purpose, or accuracy.

The Disclosing Party is not liable under this

Agreement for any damages in connection with, related to, or arising out of the use of its Confidential Information.

12.

NO OBLIGATION.

This Agreement shall not be construed in any manner to be an obligation to enter into a further

substantive contract or to disclose any particular Confidential Information.

13.

INDEPENDENT DEVELOPMENTS.

Disclosing Party understands that Recipient may develop or have developed

information internally, or receive or have received information from other parties that is similar to the Confidential

Information.

Accordingly, nothing in this Agreement shall be construed as a representation that Recipient has not

or will not independently develop products that compete with the products or systems contemplated by the

Confidential Information provided that it does so without breaching the terms of this Agreement.

14.

RELATIONSHIP.

Each party hereto shall be considered as an independent contractor responsible for its own

expenses and financial obligations incurred in the performance of this Agreement.

15.

NO WAIVER.

Neither party waives any rights in invention or development lawfully possessed by it at the time of

signing this Agreement.

In addition, this Agreement does not imply any waiver of any rights or action under the

patent, trademark, copyright, trade secret, unfair competition, fair trade or related laws.

Failure to exercise any