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recommendations or other feedback provided by Customer relating to the operation of <br />the Services. <br />CONFIDENTIALITY <br />4.1. Definition of Confidential Information. As used herein, “Confidential Information” <br />means all confidential and proprietary information of a party (the “Disclosing Party”) <br />disclosed to the other party (the “Receiving Party”), whether orally or in writing, that is <br />designated as confidential or that reasonably should be understood to be confidential <br />given the nature of the information and the circumstances of disclosure, including the <br />terms and conditions of this Agreement, the Customer Content, the Software, business <br />and marketing plans, technology and technical information, product designs, and <br />business processes. Confidential Information shall not include any information that: (i) is <br />or becomes generally known to the public without breach of any obligation owed to the <br />Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the <br />Disclosing Party without breach of any obligation owed to the Disclosing Party; (iii) was <br />independently developed by the Receiving Party without breach of any obligation owed <br />to the Disclosing Party; or (iv) is received from a third party without breach of any <br />obligation owed to the Disclosing Party. <br />4.2. Obligations. The Receiving Party shall not disclose or use any Confidential <br />Information of the Disclosing Party for any purpose outside the scope of this Agreement, <br />except with the Disclosing Party’s prior written permission. Each party agrees to protect <br />the confidentiality of the Confidential Information of the other party in the same manner <br />that it protects the confidentiality of its own proprietary and confidential information of <br />like kind (but in no event using less than reasonable care). <br />4.3. Compelled Disclosure. If the Receiving Party is compelled by law to disclose <br />Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with <br />prior notice of such compelled disclosure (to the extent legally permitted) and <br />DocuSign Envelope ID: F197F6BB-6ABC-40F2-952F-AAA246AFE06B