機密保持契約の翻訳サンプル

1．   Notwithstanding the provisions of the preceding paragraph, information that the Receiving Party can prove in writing or by other means falling under any of the following items shall be excluded from the Confidential Information:

 (1) Information that was already in possession of the Receiving Party at the time of or before receiving the disclosure from the Disclosing Party;

 (2) Information that was already publicly known at the time of the disclosure from the Disclosing Party

(3) Information that became publicly known through no fault of the Receiving Party after receiving disclosure from the Disclosing Party;

(4) Information legally obtained from a third party with a legitimate right to possession thereof and without any obligation of confidentiality;

(5) Information independently developed or created without using the Confidential Information of the Disclosing Party;

(6) Information mutually confirmed by both Party A and Party B as excluded from the Confidential Information.

Article 3 (Prohibition of use for other purposes)

The Receiving Party shall not use the Confidential Information for purposes other than the Purpose of Disclosure without obtaining prior written consent (including through electronic methods, such as an e-mail) from the Disclosing Party.

Article 4 (Restrictions on duplication, etc.)

The Receiving Party shall not duplicate, copy, or modify all or any part of the Confidential Information disclosed by the Disclosing Party without obtaining the prior written consent (including through electronic methods, such as an e-mail) from the Disclosing Party in advance. The Receiving Party shall treat duplicates, copies, and modifications as Confidential Information, and must store these items with strict diligence, clearly distinguishing them from other materials.

1．            Notwithstanding the provisions of the preceding paragraph, information that the Receiving Party can prove by in 1 writing or by other means that 2 fallsfalling under any of the following items shall be excluded from the Confidential Information.:

 (1) Information that was already in possession of the Receiving Party already had possessed 3 at the time of or before receiving or when receiving the disclosure from the Disclosing Party;4 

 (2) Information that was already publicly known at the time of the disclosure from the Disclosing Party;

(3) Information that became publicly 5 known through no fault of the Receiving Party after receiving disclosure from the Disclosing Party;6 

(4) Information legally obtained from a third party with a legitimate authority right to possession 7 thereof and without any obligation of confidentiality;

(5) Information independently developed or created without using the Confidential Information of the Disclosing Party;

(6) Information mutually confirmed by both Party A and Party B to beas excluded8  from the Confidential Information.

Article 3 (Prohibition on of 9 use for other purposes)

The Receiving Party shall not use the Confidential Information for purposes other than the Purpose of Disclosure without obtaining prior written consent in writing 10 (including through electronic methods, such as an 11 e-mail) from the Disclosing Party.

Article 4 (Restrictions on duplication, etc.)

The Receiving Party shall not duplicate, copy, or modify all or any parts of the Confidential Information 12 disclosed by the Disclosing Party without obtaining the prior written consent13  in writing (including through electronic methods, such as an e-mail) offrom the Disclosing Party in advance. The Receiving Party shall treat duplicates, copies, and modifications as Confidential Information, and must store these items with strict diligencely14 , clearly distinguishing them from other materials.