MomentFeed - John Deere Confidentiality Terms

9. Confidentiality. Neither MomentFeed nor Client (each a “Party”) shall disclose any Confidential Information of the other Party or use such Confidential Information except as specifically permitted in performance of this Agreement. The receiving Party’s confidentiality obligation with respect to the Confidential Information of the disclosing Party shall not extend to information that: (a) is in the public domain at the time of its disclosure; (b) becomes part of the public domain through a source other than the receiving Party (directly or indirectly); or (c) is required to be disclosed pursuant to a court order or governmental authority. The obligations of the parties under this Section shall supersede all prior confidentiality agreements between the Parties and shall survive the termination or expiration of this Agreement for a period of five (5) years, and thereafter with respect to a Party’s software and trade secrets so long as they remain eligible for trade secret protection under prevailing law (without regard to a breach by receiving Party). “Confidential Information” for this purpose means information about the disclosing Party’s business or activities that is proprietary or confidential, which shall include all business, financial, technical and other information of a Party or Client which is either marked or designated by such Party as “confidential” or “proprietary” or which, by the nature of the circumstances surrounding the disclosure, ought in good faith to be treated as confidential.