Provision Language
(2) If and to the extent that the Information has been marked by the Company as “Confidential”, WHO shall treat such Information as confidential and proprietary for a period of five years after disclosure to it. In this connection, WHO shall take all reasonable measures to ensure that the Information in question is not used for any purpose other than the aforementioned evaluation and testing activities and is not disclosed or provided to any person who is not bound by similar obligations of confidentiality and restrictions on use as contained in this Agreement.
(3) WHO shall not be bound by any obligation of confidentiality or restriction on use to the extent it is clearly able to demonstrate that any part of the Information:
a) was known to WHO prior to any disclosure by the Company to WHO; or
b) was in the public domain at the time of disclosure by the Company to WHO; or
c) becomes part of the public domain through no fault of WHO; or
d) becomes available to WHO from a third party not in breach of any legal obligations of confidentiality to the Company.
(4) The Company undertakes to abide by similar obligations of confidentiality and restrictions on use as contained in paragraphs 2 and 3 above with regard to the Testing Results (regardless of whether or not such Testing Results have been marked as “confidential”).
(6) […] Other than as provided herein before, neither Party shall, in any statement or material of an advertising or promotional nature, refer to the relationship of the Parties under this Agreement or to the relationship of the other Party to the Product(s). The Company shall not, at any time, use, nor allow any other parties to use, the participation in the Performance evaluation Programme and/or publication by WHO of the Testing Results for commercial or promotional purposes. Under no circumstances shall the Company or any other party be authorized to refer to WHO, the Company’s participation in the performance evaluation scheme, and/or the publication of the Testing Results by WHO, in any statement or material of an advertising or promotional nature, press release and/or similar public statement and/or other material aimed at promoting the Company, any other party and/or the Product(s).
