This Agreement is entered into on the date and between the name of the party (the “Disclosing Party”), whose address is the address of the party announcing it, and the name of the receiving party (the “Receiving Party”), whose address is the address of the receiving Party. The parties hereby agree:At its discretion, the disclosing party shall provide the receiving party with certain confidential and protected information in order to enable the party receiving access to the confidential information to assess its interest in Purpose for Sharing Confidential Information, in accordance with the following conditions:1. Protection and PurposeAll “Confidential Information” is treated confidentially by the Receiving Party and shall not be disclosed to third parties and shall not be protected with the same diligence as normally used by the receiving Party to protect its own Confidential and Protected Information, but in no case to any lesser extent than with appropriate care. The receiving party does not use the “confidential information” it has received from the disclosed party, except for the above evaluation purposes.3. Restrictions Contained therein do not apply with respect to “confidential information” that: A. is known to the receiving party at the time of receipt; or B. Is or will be a part of the public domain without this Agreement being violated by the receiving party; or C. has been lawfully obtained by the receiving party, without obligation of confidentiality, by a third party; or D. Is transmitted by the disclosed party to a third party without the third party being bound by confidentiality; or E. is developed independently of the receiving party; or F.
It is disclosed in accordance with judicial measures or state rules, provided that the party receiving notification of the disclosure of such disclosure and cooperates with the disclosing party, if the disclosing party exists, challenge and legally avoid such disclosure.4. Rights and Licenses This Agreement and the provision of “Confidential Information”, as provided for in this Protocol, shall not be subject to the granting, or implied, of any rights or licenses to the receiving Party, or to any relationship between the Parties.5. OwnershipAll material information, including drawings, specifications and other information transmitted by the party to the notifying party, remains the property of the disclosing party. If any of the parties decide not to take further commercial action, the party receiving the disclosure must immediately return all material information and all copies thereof relating to “confidential information”.6 ExportThe receiving party does not export confidential information without the written permission of the disclosed party. If the disclosing party is authorised to export confidential information, the disclosed party must comply with the laws and regulations of the Australian Export Authority (AEOI) and must not export or re-export technical data or products obtained from the direct part or product of such technical data in a prohibited country mentioned in the AEOI, except: the Australian Government has duly approved it.7. . . .