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CONSORTIUM
AGREEMENT
1.
OPENNESS
In general, all information provided by partners and participants
to other participants will be assumed to be freely available
for public disclosure unless indicated otherwise.
2.
NO RIGHTS CONFERRED
Ownership of and the rights in relation to information remain
with the party who first disclosed it. Neither this agreement,
nor the exchange of any information subject to the terms
of this agreement, confers any rights upon recipients.
3.
CONFIDENTIALITY
Should participants wish to restrict communication of information,
they will clearly indicate the nature of the restriction
on the front page of any document, or in a supplementary
note. If such restriction is required, then the remaining
terms of this agreement will apply, unless a separate specific
agreement is made between participants.
4.
SCOPE OF CONFIDENTIAL INFORMATION
The confidential information subject to this agreement is
that which is provided by participants of the project to
support the achievement of the project objectives and that
which may be developed by the project partners during the
period of the project. The specific restriction on communication
of such information will be indicated explicitly in accordance
with term 3 above. For the purpose of this agreement, the
term 'confidential information' shall include any information
in the form of description, drawings, formulas, data, computation,
processes, operation, reports, specifications, models, and
samples - regardless of how communicated or recorded. 5.
OBLIGATION OF CONFIDENCE
The participants in the project agree that all confidential
information received by them from the other participants
is confidential and proprietary and will be kept as such.
They shall take such steps as are necessary to ensure that
their agents, officers, employees, contractors and consultants
are similarly bound.
6.
USE AND RESTRICTIONS ON USE
The recipients of any confidential information shall use
it in confidence solely for the purposes of contributing
to the project objectives.
7.
EXCEPTIONS
The obligations of confidentiality shall not apply to any
confidential information which is already known to the receiving
member prior to its communication by or through the disclosing
participant; which is disclosed in published literature;
or which is otherwise generally available to industry or
the public. The obligation will cease if through no fault
or omission on a participant’s part, such information should
become disclosed in published literature or otherwise generally
available to the industry or the public.
8.
RETURN OF CONFIDENTIAL INFORMATION
Within 30 days of receiving a written request by the disclosing
party, recipients shall return all copies of the confidential
information, including extracts or other materials derived
from it that contain confidential information, to the disclosing
party and delete or destroy any electronic copies of it.
9. DURATION This agreement shall terminate five years from
the provision of any particular item of confidential information.
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