Confidentiality of Information Sharing of Information Data Under the TLP Protocol

As used herein, “Confidential Information” means all confidential and proprietary information of a party (“Discloser“), including from the government and any government agency, disclosed to a receiving party (“Recipient“), in any Communication. As used herein, a “Communication” means any form of written or electronic message in any medium or form. In addition, these terms shall apply to the data contained in any alerts, messages, or other Communications that are sent, shared, or transmitted by the Discloser to the Recipient. For the purposes of these terms Nozomi Networks is also a Discloser.

The Recipient agrees that it will (i) use the Confidential Information and data for the sole purpose of exercising its rights and performing its obligations under this Agreement, (ii) divulge Confidential Information only to those of its employees, directors, authorized independent consultants or agents who have a need to know such Confidential Information and who are bound by professional duty or in writing (in advance) to confidentiality and non-use obligations at least as protective of such information as this Agreement, and (iii) not disclose any Confidential Information to any third party. The Recipient shall notify and cooperate with the Discloser immediately upon discovery of any unauthorized use or disclosure of Confidential Information of the Discloser. The Recipient may only disclose Confidential Information in accordance with the TLP Protocol designation in the Communication. The Recipient shall cooperate with the Discloser in such party’s reasonable efforts to limit the disclosure of the information.

Upon termination of an Agreement with Nozomi Networks for any or no reason, the Recipient shall (i) immediately cease all use of the Discloser’s Confidential Information, (ii) at the instruction of the Discloser, either promptly destroy all Confidential Information of the Discloser or return all Confidential Information of the Discloser.

If the Recipient discloses or uses (or threatens to disclose or use) any Confidential Information of the Discloser in breach of these terms, the Discloser shall have the right, in addition to any other remedies available to it, to seek injunctive relief to enjoin such acts, it being specifically acknowledged by the parties that any other available remedies are inadequate.