Amazon Strategy Session - Confidentiality

The Parties acknowledge that by reason of their activities and communications, they may have access to nonpublic information and materials of the other party (the “Confidential Information”). Confidential Information shall include, without limitation, the terms of the Agreement, technical data, research and development, product plans, products, services, customers, customer lists, markets, developments, inventories, processes, technology, know-how, software, algorithms, designs, drawings, manufacturing, sourcing, marketing, financial information, business information, and other trade secrets and proprietary information. Laser Sight Digital deems, and the Company agree, that the revenue share rates, fee schedules and other pricing and financial terms associated with the Agreement are included in Laser Sight Digital’s Confidential Information. The Parties agree not to use Confidential Information of the other Party for any purposes other than to further the performance of the Agreement. The Parties agree to maintain the confidentiality of the Confidential Information of the other Party with the same degree of care as such Party uses to protect its own Confidential Information of like nature or importance, but in no event less than a reasonable degree of care. Notwithstanding the foregoing: (a) neither Party shall have any obligation under this paragraph with respect to Confidential Information of the other to the extent that (i) such Confidential Information is already known to the receiving Party, free from any obligation to keep such Confidential Information confidential, (ii) such information is or becomes publicly known in the trade or otherwise through no wrongful act of the receiving Party or (iii) such Confidential Information is rightfully received by the receiving Party from a third party without restriction and without a breach of the Agreement or another agreement; and (b) Laser Sight Digital may share Confidential Information of the Company with Laser Sight Digital’s investors, consultants and contractors if it is done under nondisclosure agreement.

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