Category Archives: Article 15

S 15

Comments are closed.

SECTION XV – CONFIDENTIALITY

Also posted in Settlement | Comments closed

S 15.1

Comments are closed.

Confidential Information. “Confidential Information” means any information relating to or disclosed in the course of implementing this the original Settlement Agreement or this Amended Settlement Agreement by any Plaintiff or Google, which is, or should be reasonably understood to be, confidential or proprietary to the disclosing party, including the content of negotiations between any of Plaintiffs and Google, information about any customers, resellers and advertisers, technical processes and algorithms, source code, product designs, sales, cost and other unpublished financial information, product and business plans, projections and marketing data or pricing of any Plaintiff or Google, including information that may be disclosed by an auditor under Sections 4.6(e) (Audit Rights), 6.3(d) (Audit Rights) and 8.2(c) (Audits). “Confidential Information” shall not include information (a) that members of the Amended Settlement Class reasonably have the right to know as Amended Settlement Class members represented in the Action, (b) already lawfully known by the receiving party without an obligation of confidentiality, (c) independently developed by the receiving party at any time without use of or reference to Confidential Information, (d) disclosed in published materials, (e) generally known to the public, or (f) lawfully obtained from any third party without breach of such third party’s obligations of confidentiality.

Also posted in Section 15.1, Settlement | Comments closed

S 15.2

Comments are closed.

Obligations. Confidential Information shall be governed by the Settlement Discussions Confidentiality Agreement and such agreement shall continue to be in effect according to its terms. The Registry and Google will enter into a non-disclosure agreement that will supersede the Settlement Discussions Confidentiality Agreement on a going forward basis.

Also posted in Section 15.2, Settlement | Comments closed

S 15.3

Comments are closed.

Confidentiality of Rightsholder Information. Google shall maintain and keep in strict confidence, and shall not use or disclose for any purpose other than to effectuate this Amended Settlement Agreement, any Rightsholder’s personally identifiable information (i.e., any information that can be used to uniquely identify, contact or locate a single person, including the Rightsholder’s computer’s unique identifier information) that Google receives in connection with the process by which Rightsholders register with the Registry, claim Books and Inserts or otherwise participate under this Amended Settlement Agreement, whether such information is received from the Registry or from the Rightsholder. These restrictions, however, do not apply to Rightsholder information that is publicly available or obtained by Google from other sources, and shall not limit any uses by Google that are authorized by the Rightsholder.

Also posted in Section 15.3, Settlement | Comments closed

S 15.4

Comments are closed.

Disclosures Required by Law. In the event disclosure of Confidential Information is required of any party under the laws, rules or regulations of any applicable governing body, the party requested to make the disclosure (the “Disclosing Party”) will (a) only disclose that portion of the Confidential Information of the other party (the “Other Party”) reasonably required to be disclosed, (b) submit a request to such governing body that the Confidential Information or portions thereof receive confidential treatment under the laws, rules and regulations of such governing body or otherwise be held in the strictest confidence to the fullest extent permitted under the laws, rules or regulations of any other applicable governing body, (c) provide notice to the Other Party in advance of the disclosure so the Other Party may, at its election, seek confidential treatment for the Confidential Information, a protective order or other appropriate remedy, relief or assurances, and (d) co-operate with the Other Party to obtain such confidential treatment, orders or other remedies, relief or reliable assurances that confidential treatment will be afforded the Confidential Information so disclosed. Disclosure under this Section 15.4 (Disclosures Required by Law) shall not relieve the Disclosing Party of its obligations of confidentiality generally under this Amended Settlement Agreement. In no event shall the Disclosing Party oppose an action by the Other Party to obtain a protective order or other relief requiring that Confidential Information to be disclosed under this Section 15.4 (Disclosures Required by Law) be treated confidentially.

Also posted in Section 15.4, Settlement | Comments closed