5.1 Confidentiality. “Confidential information” means information that any party (“Discloser”) refers to, directly or indirectly, in writing, orally or by an inspection of material property called “confidential,” “owner” or similar name, or that the recipient designates as confidential to the other party in circumstances where such information would reasonably be considered confidential. Confidential information may contain information provided confidentially to Discloser by third parties. For clarity reasons, Alluxio`s confidential information includes the services, delivery components and results of any performance, operating or other evaluation of Alluxio products, services or services. For clarity, customer information is confidential, but not limited to customer material. For the duration of this Agreement, and for five (5) years later, the recipient will keep the discloser`s confidential information confidential and will not use, disclose, disseminate or disseminate the Discloser`s confidential information unless it is used solely for the performance of the recipient`s obligations under this Agreement or as expressly agreed in writing by the Discloser. The recipient will demonstrate the same diligence as that used by the recipient to protect his own confidential information from unauthorized use or disclosure, but in no way less than due diligence, with respect to the protection of the discloser`s confidential information. In addition, the recipient: (i) will not reproduce any confidential information disclosed by Discloser, unless it is necessary to meet the beneficiary`s obligations under this agreement; and (ii) the confidential information disclosed by Discloser will only be disclosed to the beneficiary`s directors, executives, employees and/or contractors who must be aware of this confidential information in order to carry out their duties in accordance with this agreement and where these directors, executives, employees and/or advisors have entered into a confidentiality agreement with the recipient with conditions that are no less restrictive than the confidentiality obligations set out in this section 5. Confidential information does not contain information that is not disclosed or made public without infringing on this agreement; (b) the recipient can reasonably prove that he was in his possession before receiving it for the first time from the Discloser; (c) proof that the recipient was developed independently of the recipient, without any use or reference to the discloser`s confidential information; (d) the recipient is received by a third party without any restriction of disclosure and without breach of a confidentiality obligation. or (e) must be disclosed in accordance with a court order or court order or judicial proceedings; if the recipient, to the extent that this is admissible and practical in the current circumstances, notifies the Discloser in advance of the proposed disclosure and has the opportunity to respond to the disclosure or object, or if a prior notification is not admissible or practical in the current circumstances, such disclosure is communicated without delay.
The parties agree that in the event of a violation of this section 5.1, the damage would be insufficient. Therefore, the parties agree that a party has the authority to seek, in addition to any other rights and remedies otherwise available in the event of an offence or threat of violation by the other party in this section 5.1, the absence of recourse and other appropriate remedies.