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ARTICLE · 18 OCTOBER 2013

A Practical Guide To Software License Agreements: Confidentiality Obligations

Borden Ladner Gervais LLP
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Software license agreements often contain provisions that impose restrictions and requirements regarding the use and disclosure of each party’s confidential information.

CanadaPrivacy
Bradley Freedman
Bradley Freedman
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Software license agreements often contain provisions that impose restrictions and requirements regarding the use and disclosure of each party's confidential information. Customers should consider whether the confidentiality obligations are reasonable and practicable for the particular circumstances of the transaction.

Confidentiality Restrictions/Requirements

Confidentiality provisions impose restrictions and requirements on a contracting party (the "Receiving Party") regarding the use and disclosure of the confidential information of the other party (the "Disclosing Party"). Those obligations can be adjusted to reflect the nature of the Disclosing Party's confidential information, the manner in which the Receiving Party will access and use the information, and the potential risks to the Disclosing Party if the information is misused. For example:

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