- Preservation of your data confidentiality. CollabNet shall use all reasonable commercial efforts to:
- preserve the confidentiality and avoid the disclosure of the your Confidential Information (defined below), unless strictly required otherwise by law;
- limit access to your Confidential Information to those of its employees or agents granted access rights by you through use of the Services (as defined in the Terms of Service), unless requested otherwise by you in writing or email;
- not at any time disclose, give, or transmit (in any manner or form or for any purpose) your Confidential Information to any person, party, firm, or corporation other than you except as specified in this Data Confidentiality Agreement or the Terms of Service, and unless required by law;
- immediately notify you in the event of any disclosure which is required by law;
- not use any Confidential Information in any way other than for the purpose of providing the Services to you and the utilization of these Services by you in accordance with the Terms of Service ("Purpose"), or as otherwise contemplated by this Data Confidentiality Agreement or the Terms of Service without your permission; and
- ensure that all CollabNet employees or agents to whom your Confidential Information is disclosed are legally bound to keep your Confidential Information confidential and not to use the Confidential Information except for the Purpose.
"Confidential Information" means all of your Data (as defined in the Terms of Service) stored using the Services including but not limited to computer source code, files and content contained within (e.g. source code, any business plan, concept, idea, know-how, process, technique, program, design, formula, algorithm or work-in-progress, any engineering, manufacturing, marketing, technical, financial, data, or sales information, pricing or business information, and any other information or materials, whether written, or graphic, or any other form), issue tickets, wiki content, or any other proprietary information created through use of the Services but excluding your name, company and/or logo which may be used by CollabNet for marketing purposes as contemplated by the Terms of Service.
- Proprietary Rights. Other than as expressly provided in the Terms of Service, CollabNet obtains no proprietary rights of any kind to your Confidential Information. Ownership of your Confidential Information stored on CloudForge is retained by your Account Owner (as nominated by you in your Registration Data which may be updated by you at any time), as described in the Terms of Service.
- Terms of Service Prevails. If there is any conflict between the terms of this Data Confidentiality Agreement and the Terms of Service, the Terms of Service prevails. This Data Confidentiality Agreement is to be read and understood in conjunction with the Terms of Service.
Last Updated 29th July, 2012