Confidential disclosure agreement
By using the IBM Design site, you may be subject to and, if so, will comply with the terms of the Confidentiality Agreement relating to IBM disclosures set forth below.
This Confidentiality Agreement (“Agreement”) provides protection for confidential information (“Information”) provided by International Business Machines Corporation or its affiliates (together, “IBM”) in a community or other component on IBM Design (“Site”). By accessing and using the Site, you agree the following terms will apply when IBM discloses Information to you (“Recipient”) in a community or other component.
This Agreement pertains solely to disclosures by IBM of Information in a community or other component on the Site. Disclosures outside of the Site may be subject to additional or other confidentiality agreements, and this Agreement does not supersede or otherwise affect any such other confidentiality agreements.
For five(5) years after the date of disclosure, the Recipient will: i) use the same care and discretion to avoid disclosure of IBM’s Information as the Recipient uses with its own similar information which it does not wish to disclose; and ii) use IBM’s Information only for the benefit of IBM. The Recipient may disclose Information to: i) its employees and employees of its parent and majority owned affiliates who have a need to know; and ii) any other party with IBM’s prior written consent. Before disclosure to any of the above parties, the Recipient must have an appropriate agreement with such party sufficient to require that party to treat Information in accordance with this Agreement. The Recipient may disclose Information to the extent required by law, but must give IBM reasonable prior notice to allow IBM a reasonable opportunity to obtain a protective order. No obligation under this Agreement will apply to Information that is: i) already in Recipient’s possession or received by Recipient without a non-disclosure obligation; ii) developed independently by Recipient; or iii) publicly available when received, or thereafter becomes publicly available through no fault of the Recipient.
Any information or materials disclosed by Recipient to IBM will be deemed non-confidential and IBM may use and disclose such information and materials on an unrestricted basis without notice or compensation to you.