8. CONFIDENTIAL INFORMATION; MUTUAL NON-DISCLOSURE

• 8.1 Each party to this Agreement may furnish the other party with certain non-public, proprietary information (the "Confidential Information”). For the purposes of this Agreement, Confidential Information is defined as:
  1. Disclosed information that is marked or identified as “confidential” at the time of disclosure, or which constitutes the trade secrets of a party under the governing law of this Agreement;
  2. The source code and object code of the Services, the pricing structure for the Services, and any other Konnect.io Materials or other proprietary information of Konnect.io provided or disclosed to you at any time;
  3. Disclosed information relating to any unreleased products or service offerings; and
  4. The terms and conditions of this Agreement.

• 8.2 Confidential Information shall not include information that:
  1. is or becomes part of the public domain or is generally publicly known through no improper action by the receiving party subsequent to the time of the disclosing party’s communication thereof to the receiving party;
  2. was rightfully in the receiving party’s possession or known by the receiving party prior to receipt from the disclosing party;
  3. is rightfully disclosed without restriction to the receiving party by a third party without violation of any confidentiality covenant by such third party;
  4. is independently developed by the receiving party without use of the Confidential Information of the disclosing party; or
  5. its disclosure is required by court, regulation or government order and the disclosing party has been given notice of such order and the receiving party reasonably cooperates with the disclosing party in limiting such disclosure to the minimum required, unless a court has ordered that the disclosing party not be given notice.

• 8.3 Each party agrees to hold the other party’s Confidential Information in confidence and not to use it for any purpose other than the purposes permitted under this Agreement. Each party agrees to use the same standard of care to protect Confidential Information as it uses to protect its own similar confidential and proprietary information, but not less than a reasonable standard of care. Confidential Information of the other party may only be disclosed to those affiliates, employees, contractors, and advisors of you or of Konnect.io, as applicable, on a need-to-know basis and who agree to be bound by confidentiality restrictions at least as restrictive as those contained in this Agreement. Confidential Information remains at all times the property of the disclosing party. Unless otherwise explicitly set forth herein, no licenses or rights under any patent, copyright, trademark, or trade secret are granted or are to be implied with respect to Confidential Information.