1.1 Per­for­mance Lev­el. Sub­ject to the terms set forth in this Agree­ment, the Com­pa­ny pro­vides such ser­vices (“Ser­vices”) with respect to the Company‘s prod­ucts pur­chased sep­a­rate­ly by the Cus­tomer (“Com­pa­ny Com­mer­cial­ly Avail­able Soft­ware”), such as in one or more addi­tion­al doc­u­ments (“Ser­vice Spec­i­fi­ca­tions”) that are attached to Annex A and amend­ed and/or sup­ple­ment­ed from time to time by mutu­al writ­ten agree­ment between the par­ties and incor­po­rat­ed there­in by ref­er­ence. A ser­vice spec­i­fi­ca­tion is at least a writ­ten doc­u­ment refer­ring to this agree­ment, (ii) describ­ing the ser­vices to be pro­vid­ed (and if such ser­vices involve the cre­ation of object code, that object code is defined here as “deliverable”),iii) indi­cates the cor­re­spond­ing tar­iff plan or oth­er fee infor­ma­tion and (iv) is signed by both par­ties or issued by one par­ty and signed by the oth­er par­ty. The Com­pa­ny will use rea­son­able eco­nom­ic efforts to com­plete the applic­a­ble data ser­vices (“Tar­get Dates”) set forth in the Annex. (a) ‘intel­lec­tu­al prop­er­ty rights‘ means all cur­rent and future patents and glob­al patent appli­ca­tions (includ­ing, but not lim­it­ed to, all reis­sues, divi­sions, exten­sions, suites and parts), inven­tions (whether patentable or not), copy­rights (includ­ing, but not lim­it­ed to), trade secrets, trade­marks, ser­vice marks, trade names and any oth­er costs intel­lec­tu­al prop­er­ty and intel­lec­tu­al prop­er­ty rights, whether under the laws of the Unit­ed States or anoth­er coun­try, state, or juris­dic­tion. 6.2 Non-Use and Con­fi­den­tial­i­ty. The receiv­ing Par­ty shall use the dis­clos­ing Party‘s con­fi­den­tial infor­ma­tion only for the pur­pose of ful­fill­ing its oblig­a­tions and exer­cis­ing its rights under this Agree­ment. The receiv­ing par­ty will not com­mu­ni­cate any con­fi­den­tial infor­ma­tion of the dis­closed par­ty to third par­ties or col­lab­o­ra­tors of that par­ty, except that, sub­ject to sec­tion 6.3 below, the receiv­ing par­ty may com­mu­ni­cate the con­fi­den­tial infor­ma­tion of the dis­closed par­ty to the col­lab­o­ra­tors and con­trac­tors of the receiv­ing par­ty who must have the infor­ma­tion nec­es­sary to ful­fill the oblig­a­tions of the receiv­ing par­ty and the right e of the receiv­ing par­ty. in accor­dance with this Agree­ment. pro­vid­ed, how­ev­er, that such mem­bers of staff or con­trac­tors are sub­ject to a con­fi­den­tial­i­ty agree­ment with con­di­tions which are no less restric­tive than those con­tained therein.

If the par­ty that receives a legal oblig­a­tion to make a dis­clo­sure that is pro­hib­it­ed or restrict­ed by this Agree­ment, the receiv­ing par­ty will imme­di­ate­ly noti­fy the par­ty sub­ject to such dis­clo­sure in writ­ing of that request, so that the dis­clos­ing par­ty can request a pro­tec­tion order or oth­er appro­pri­ate relief.…