- You and Baidu AI Cloud make a solemn commitment that one party will not disclose the confidential information of the other party acquired during the cooperation to any third party in any form, and that the personnel who have an access to such confidential information shall strictly observe the confidentiality obligation as set forth in this article.
- Both parties hereto agree to try their best to protect the confidential information from being disclosed. In case the disclosure of confidential information is detected, both parties shall cooperate with each other to avoid or reduce the consequences of damage by taking all reasonable measures.
- The said confidentiality obligation shall not be terminated due to the change, cancellation or termination of this agreement.
The confidential information mentioned in this agreement refer to:
a) Paper or electronic materials such as any agreement, faxes or e-mails exchanged between parties hereto related to this project, including the content and terms hereof (discount or promotional information provided by Baidu AI Cloud to you in particular);；
b) Price, financial and marketing planning, customers’ materials, unreleased products, business plan, marketing information, investment information, financial position, drawing, design idea, technical know-how, computer programs, source code, research approach and other materials;
c) The information and document designated by the disclosing party as the business secret with the text or mark on or before the disclosure;
d) Other information which conforms to the constitutive requirements of legal trade secrets.
This article shall not apply to the following content:
a) Information which has already known by the public;
b) Non-confidential information which is acquired by the information receiving party through legitimate means and is widely known by the industry.
c) The information which has already been known by the information disclosing party, and the information disclosing party is not obligated to keep it secret;
d) The information disclosed by a third party and regarded as the one which need not be kept secret by the information receiving party through the most prudent judgment;
e) The information developed by the information receiving party independently;
f) The confidential information disclosed by the information receiving party with a written consent from the information disclosing party;
g) When this agreement is submitted to a third party only for the purpose of submission of tender as described previously in response to the bidding requirement of the third party;
h) Baidu AI Cloud shares your data to a third party within a reasonable and necessary scope for the purpose of providing the service you demand;
i) The content which must be exposed to any authorities or institutions in accordance with the requirement of laws.