Effective date: 28 August 2024
Please read these Terms of Use that apply to the Atmotech Products and Services as defined below ("Terms") before using the Products and Services. Certain parts or features of the Services may be subject to additional terms, policies, or guidelines, which are hereby incorporated into these Terms.
By creating or accessing an Atmotech account, registering for, logging into, and/or using or continuing to use the Services or Products, or by acknowledging acceptance of these Terms through another means provided to you, you confirm that you have read and understood these Terms and agree to be bound by them.
These Terms constitute a legally binding agreement between each individual, and if applicable, the company or Partner (as defined below) the individual represents, that uses the Products and/or uses or logs into the Services ("you"), on the one hand, and Atmotech Inc. or one of its subsidiaries (“Atmotech,” “we” or “us”) on the other hand. If you are a representative of a company or a Partner, you hereby represent and warrant that you are authorized to bind the company or Partner to these Terms.
You represent and warrant that you are at least eighteen (18) years of age. If you are under age eighteen (18) and/or are unable to agree to these Terms, you may not under any circumstances or for any reason create or access an Atmotech account, or register for, log into or use the Services or Products. In the event that such use is through an arrangement where a research institute provides the Products to a school for educational or research purposes, and the User is therefore under the age of eighteen (18), the research institute assumes all responsibilities and liabilities for the account and use of the Products and Services, and must ensure compliance with these Terms on behalf of all users.
THESE TERMS CONTAIN (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE PRODUCTS OR SERVICES. BY CREATING OR ACCESSING AN ATMOTECH ACCOUNT, REGISTERING FOR, LOGGING INTO, AND/OR USING OR CONTINUING TO USE THE SERVICES OR PRODUCTS, OR BY ACKNOWLEDGING ACCEPTANCE OF THESE TERMS THROUGH ANOTHER MEANS PROVIDED TO YOU, YOU AFFIRM THAT YOU (AND THE COMPANY OR PARTNER YOU REPRESENT, IF APPLICABLE) AGREE TO THESE PROVISIONS.
In addition, you may have other legal rights determined by the law in your jurisdiction. Certain clauses related to disclaimers, exclusions, mandatory arbitration, limitations of liability, exclusion or limitation of certain damages or rights, indemnification, waiver of jury trial, and class action under these Terms may not apply if prohibited by the laws in your jurisdiction.
The Services include the Atmotech Apps that can be downloaded to your smartphone or tablet, and any web dashboard, application program interfaces, and other software (not installed on the Products), services, web pages, features, analysis, reports, storage, and content we provide to you that is related to the recording, measuring, analyzing, and reporting of environmental quality levels (the “Services”). The Services are designed to enable the users of the Services to view and understand environmental quality levels measured by the Atmotech environmental quality monitors created and distributed by Atmotech (the “Products”) that are installed in buildings, including residences or businesses. The Services are designed to enable the users of the Services to view and understand environmental quality levels measured by the Atmotech environmental quality monitors ("Products") created and distributed by Atmotech.
These Products, which are installed in various environments, include:
The term “Products” also encompasses the software installed on such Products, which is licensed to you, not sold. This software facilitates the recording, analyzing, and reporting of the data collected by the Products, enhancing the overall user experience by providing actionable insights into environmental quality levels.
The Products and Services are intended for use by Customers and Partners (if authorized by the Customer). For the purposes of these Terms, a “Customer” is defined as any individual or entity that purchases or acquires a Product, regardless of whether the Product requires installation. Customers may use the Products directly or may have them used under the guidance or assistance of a Partner. This includes both fixed and portable Products that are designed for various environments and purposes.
For the purposes of these Terms, a “Customer” includes:
A “Partner” is generally a business and/or service professional that has sold a Product to a Customer and/or has been granted access to the Services by one or more Customers, including Atmotech’s resellers and distributors. We specifically prohibit the use of our Services and/or Products for any illegal or unauthorized purpose or for uses that violate any laws in your jurisdiction (including but not limited to copyright and privacy laws).
These Terms place obligations on Customers and Partners with respect to their use of the Product(s) and/or the Services. Atmotech has no responsibility or liability for the actions or inactions of any Partner(s) to whom the Customer grants access to its information in the Services, including any Partner(s) who may have sold the Product(s) and/or Services to the Customer and assisted the Customer in installing the Products and/or obtaining access to the Services.
We may, in our sole discretion, refuse to offer the Product or Services to any person or entity and change eligibility criteria at any time. You are solely responsible for ensuring that your use of the Product and Services complies with these Terms as well as all laws, rules, and regulations applicable to you.
These Terms apply to your use of the Services and Products whether you purchased any Service or Product directly from Atmotech or an Atmotech affiliate or from any authorized reseller, authorized distributor, or other Partner. If a reseller, distributor, or other Partner has made any representations, warranties, or other commitments to you regarding the Services or Products, those representations, warranties, or other commitments are a matter between you and the Partner, and Atmotech and its affiliates are not responsible for any such representations, warranties, or other commitments.
For information about Atmotech’s privacy and data protection practices, please read Atmotech’s privacy policy found atmotube.com/privacy. This privacy policy explains how Atmotech collects, uses, and shares the Customer’s information. Atmotech may establish supplemental privacy policies for certain commercial relationships, and such policy will be presented to you separately, if applicable.
By agreeing to be bound by these Terms, you also agree that your use of any data or information obtained via the Products and/or Services will not violate the Atmotech privacy policy(ies).
If you are a Partner, you must make your own description of your/your company’s privacy practices available to applicable Customers and ensure that such privacy policy explains how you may use any data you obtain as a result of your use of the Products and/or Services in a way that complies with applicable law.
You may not use any data or information provided via the Products or Services to SPAM, harass, embarrass, or harm anyone. You may not sell any data or information you obtain via the Products or Services and may only use it as expressly permitted under these Terms. You must use reasonable measures to secure the data and information received and reasonably cooperate with Atmotech to help us ensure compliance with applicable privacy laws.
You agree not to allow any unauthorized third-party access to the Products or Services. You agree to maintain the confidentiality of the usernames and passwords by which you access the Products and/or Services as well as any of the data or information, including environmental quality information, you may access via the Products or Services.
You must respect applicable law regarding any data or information received via the Products or Services, and may only use such data and information for the following purposes (each a “Permitted Purpose”):
Please be sure to follow instructions to authenticate your account. This may include submitting your email and entering the verification code that we send to you. Our ability to provide access to the Products and/or Services to you may depend upon you authenticating your user account and associating your Product with your account.
You are responsible for all usage and activity on your account and for loss, theft, or unauthorized disclosure of your account credentials. By using the Products and Services, you opt-in and grant us the right to send you emails, text messages, app notifications, and other forms of communications relating to your account, customer service inquiries, payment information, promotional opportunities, and third-party notices, unless prohibited in your country or state.
The Services require access to WiFi (or for certain Products, a cellular network or ethernet connection), Bluetooth-enabled wireless device such as a mobile phone, and/or other systems that may be specified by Atmotech, and are not intended to be used for time-critical or emergency information.
Your access to and use of the Products and/or Services may be interrupted for the duration of any scheduled, unscheduled, or unanticipated downtime, suspension, or other unavailability, for any reason and in our sole discretion, including but not limited to:
We shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits), loss of reputation or goodwill, or any other consequences that you may incur as a result of any downtime, suspension, or other unavailability of the Products and/or Services. We cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, settings, or other service interruptions. We do not assume responsibility for the timeliness, accuracy, deletion, non-delivery, or failure to store any user data, communications, or settings and you agree Atmotech will not be liable for any failure or delay of the Services or use of the Products.
It is your responsibility to replace the Products’ batteries as necessary. You understand and agree that the Products will not work if the batteries are discharged or need to be replaced. We recommend replacing batteries (with the correct type of battery) before they are fully discharged.
When Atmotech develops patches, bug fixes, updates, upgrades, and other modifications to improve or alter the performance of the Services and/or the Products, they may be automatically installed without providing you with additional notice or receiving your consent. You hereby consent to automatic updates. If you do not want to receive updates, you should consider stopping use of the Products and Services.
We cannot guarantee the authenticity of offers, data, or advertisements that Partners or other third parties may provide about themselves or their partners to our Customers. Atmotech is not responsible for its Partners’ or other third parties’ offers or your dealings or interactions with such Partners or third parties.
Certain Services may be provided for a fee agreed with you. In such case, you shall pay all applicable fees for such Services in accordance with the agreed terms for such Services.
Atmotech does not guarantee any specific environmental quality benefits or energy savings from the use of the Products and Services, as such benefits and savings will depend on many factors, including factors outside Atmotech’s span of control. You understand and agree that any recommendations or promotions provided by Atmotech, by Partners, or by other parties related to the Products and Services (including those that are based on the data collected from the Products you have installed) are not guarantees of actual environmental quality improvements or energy savings.
It is your (or the Partner’s) responsibility to install the Products and Services according to Atmotech’s guidelines. If the Products are not installed, placed, or operated properly and/or are not in compliance with Atmotech’s installation and operating instructions and normal care or use, they may fail and become defective, which is solely your risk and responsibility.
Use of the Services may be subject to limitations, including but not limited to, monthly data transaction volumes and the number of database calls you are permitted to make. If your volume of transactions, including calls, is deemed excessive, in the sole discretion of Atmotech, Atmotech will be entitled to suspend or terminate your access to the Services.
We have the right to cancel and/or terminate your access to all or any part of the Products and/or Services for any violation of these Terms. Fraudulent behavior, spamming, flaming, use of profanity or abusive language, on our website or in connection with your receipt of the Services, or while contacting any Atmotech personnel, will not be tolerated.
If you have a paid Subscription to the Services, unless otherwise agreed in writing between you and Atmotech, we may terminate your access to all or any part of the Products and/or Services, with or without cause, either at the end of a Subscription term or with at least 90 days’ notice (in our sole discretion). If we elect to terminate as provided in the preceding sentence, we may inform you by email to the most-recent email address you provided in your User Information, by posting on our website or in our app, or by other means we select.
Cancellation or termination as provided herein may (in our sole discretion) result in the destruction of some or all of the data and information associated with your use of the Products and/or Services and cancellation of your access to the Services and such data and information. If you have access to our free Services, we may terminate your access to all or any part of the Products and/or Services at any time, with or without cause, with or without notice, effective immediately, which may (in our sole discretion) result in the destruction of some or all of the data and information associated with your use of the Products and/or Services and cancellation of your access to the Services and such data and information.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, our rights with respect to Data (as defined below), indemnity, and limitations of liability.
Subject to these Terms, if you have paid the purchase price for the Products and Services, Atmotech grants to you a non-exclusive, non-transferable, non-assignable license (without the right to sublicense or distribute) to install and use the Products and Services.As between the parties, Atmotech solely owns and retains all intellectual property rights in and to the Services and Products, including but not limited to design, artwork, technology, software, data, functionality, and documentation, custom developments, modifications, and derivative works by whomever produced.
You hereby assign to Atmotech all right, title, and interest (including Intellectual Property Rights) that you may have in any custom developments, modifications, or derivative works of the Services and Products created or developed by or for you, including but not limited to design, artwork, technology, software, data, functionality, and documentation.
You shall not directly or indirectly:
You acknowledge that you obtain no proprietary rights in our trademarks, service marks, trade names, URLs, copyrighted material, patents, and patent applications, and agree not to challenge our proprietary rights. The compilation of all Data included in or made available through the Services and/or Products is the exclusive property of Atmotech and protected by U.S. and international copyright laws.
These Terms, and any dispute or claim arising out of or relating in any way to these Terms or previous versions of these Terms, your use (or the use by the company or Partner you are representing) of the Products and/or Services, or any products sold or distributed by Atmotech, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice or conflict of law provision or rule.
IN THE EVENT OF A DISPUTE OR CLAIM BETWEEN YOU (AND FOR THE AVOIDANCE OF DOUBT, YOUR COMPANY OR PARTNER YOU ARE REPRESENTING) AND US (INCLUDING ATMOTECH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES) ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS (INCLUDING NON-CONTRACTUAL DISPUTES OR CLAIMS AND DISPUTES RELATED TO THE PRIVACY POLICY, YOUR USE OF THE PRODUCTS AND/OR SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY), THE PARTIES SHALL FIRST SEEK SETTLEMENT OF THAT DISPUTE BY NEGOTIATION. IF THEY ARE UNABLE TO SETTLE THE DISPUTE WITHIN THIRTY (30) DAYS, OR SUCH OTHER PERIOD AS THE PARTIES SHALL AGREE IN WRITING, THE DISPUTE INCLUDING ANY QUESTION REGARDING THE SUBJECT MATTER OF THIS AGREEMENT, ITS EXISTENCE, ITS VALIDITY OR TERMINATION, AND ANY NON-CONTRACTUAL DISPUTES OR CLAIMS RELATING THERETO SHALL EXCLUSIVELY BE REFERRED TO AND FINALLY BE RESOLVED BY ARBITRATION PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, WHICH HEREBY IS INCORPORATED INTO THIS AGREEMENT. THE PLACE OF ARBITRATION SHALL BE SAN FRANCISCO, CALIFORNIA, AND THE PROCEEDINGS SHALL TAKE PLACE IN ENGLISH. THE INITIATION OF ARBITRATION PROCEEDINGS, THE PROCEEDINGS AND THE AWARD(S) SHALL BE TREATED AS CONFIDENTIAL INFORMATION. NOTHING IN THIS AGREEMENT WILL BE DEEMED AS PREVENTING ATMOTECH FROM SEEKING INJUNCTIVE RELIEF (OR ANY OTHER PROVISIONAL REMEDY) FROM ANY COURT HAVING JURISDICTION OVER THE PARTIES AND THE SUBJECT MATTER OF THE DISPUTE AS IS NECESSARY TO PROTECT ITS NAME, PROPRIETARY INFORMATION, TRADE SECRETS, KNOW-HOW, OR ANY OTHER INTELLECTUAL PROPERTY RIGHTS, AND NOTHING IN THIS AGREEMENT WILL BE DEEMED AS LIMITING ATMOTECH’S RIGHTS OF TERMINATION OR CANCELLATION.NEITHER YOU NOR WE WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS TO ARBITRATE. BY AGREEING TO THIS ARBITRATION CLAUSE AND CLASS ACTION WAIVER, YOU AND WE ARE GIVING UP THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM THAT EACH SIDE MAY HAVE AGAINST THE OTHER ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS AND/OR SERVICES, INCLUDING ANY RIGHT TO CLASS ACTION OR ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
We make no representations concerning any Data contained in or accessed through any Product and/or Service, and you agree we will not be responsible or liable for the accuracy, copyright compliance, or legality of Data contained in or accessed through the Product and/or Services.
WARRANTY DISCLAIMER: YOUR PRODUCTS MAY HAVE COME WITH A WRITTEN, LIMITED WARRANTY FROM ATMOTECH AT THE POINT OF PURCHASE, AND/OR A MINIMUM STATUTORY WARRANTY BINDING ON ATMOTECH AS GOVERNED BY THE LAWS IN THE JURISDICTION WHERE YOU PURCHASED THE PRODUCT MAY APPLY. SUCH WARRANTY IS SUBJECT TO THE WARRANTY EXCLUSIONS SPECIFIED IN SECTION 19 BELOW.
EXCEPT IF ATMOTECH IS OBLIGATED FOR ANY SUCH LIMITED WARRANTIES, TO THE EXTENT POSSIBLE UNDER GOVERNING LAW, THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WITHOUT LIMITING THE FOREGOING, WE, AND OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS, PROVIDERS, AND LICENSORS DO NOT WARRANT THAT: (I) THE PRODUCTS AND SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE PRODUCTS AND SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE PRODUCTS AND SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE PRODUCTS AND SERVICES IS SOLELY AT YOUR OWN RISK. IF ATMOTECH DISCONTINUES TO OFFER THE PRODUCTS AND/OR SERVICES OR TERMINATES, NON-RENEWS, OR CANCELS THESE TERMS OR YOUR ACCESS TO THE PRODUCTS AND/OR SERVICES AS PERMITTED HEREIN, YOU WILL NOT BE ENTITLED TO CLAIM ANY COMPENSATION, REIMBURSEMENT, DIRECT OR INDIRECT LOSSES, EXPENSES OR DAMAGES FROM ATMOTECH.
Indemnification: You agree to defend, indemnify, and hold harmless us, our affiliates and each of our and their respective directors, employees, agents, suppliers, providers, and licensors from all liabilities, claims, damages, judgments, awards, losses, costs, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to the Products and/or Services, or your violation of these Terms. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.
LIMITATION OF LIABILITY: WE AND OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PROVIDERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY LOSSES, EXPENSES OR DAMAGES, OR FOR DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), RESULTING FROM YOUR USE OF THE PRODUCTS AND SERVICES. UNDER NO CIRCUMSTANCES WILL THE TOTAL LIABILITY OF US, OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PROVIDERS, AND LICENSORS OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE PRODUCTS AND SERVICES (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $100. BECAUSE SOME PLACES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT, OR MAY NOT IN ITS ENTIRETY, APPLY TO YOU.
Warranty Exclusions. To the extent that Atmotech ever makes any warranty at any time that the Products will function in accordance with the published specifications and be free from material defects in material and workmanship under normal use for any period of time ("Warranty Period"), such a warranty will not cover:
Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
Force Majeure. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
Feedback. You agree that we may use and otherwise exploit your feedback, suggestions, or ideas in any way, including in future modifications of the Products, Services, other products or services, advertising, or marketing materials. You grant us a perpetual, worldwide, fully transferable, sublicensable, irrevocable, fully paid-up, royalty-free license to use and otherwise exploit the feedback you provide to us in any way.
Modification. We reserve the right, in our sole discretion, to modify or replace any of these Terms, or change, suspend, or discontinue the Products and/or Services at any time by posting updated terms and/or changes to the Products and/or Services or by sending you notice through the Products and/or Services, via email or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Products and/or Services without notice or liability. You shall be responsible for reviewing and becoming familiar with any such modifications, including by checking these Terms periodically for changes. Your continued use of the Products and/or Services following any changes to these Terms constitutes acceptance of those changes. Except as provided above, these Terms may be modified only by mutual written agreement between the parties.
Assignment. These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with our prior written consent. If a Customer sells or transfers a Product to a new owner, the Customer’s right to use the Services with respect to that Product automatically terminates, and the new owner shall not use the Product or Services under the Customer’s account but shall register a new and separate account and accept these Terms. We may assign, transfer, or delegate any of our rights and obligations hereunder without your consent.
Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.
No Waiver. Our failure to enforce any part of these Terms or to exercise any rights hereunder shall not constitute a waiver of our right to later enforce that or any other part of these Terms or exercise those rights. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with, or rights under, these Terms to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.
Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.
Notices. Unless otherwise specified in these Terms, all notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent info@atmotube.com.
Contact. If you have general questions or comments about the Products or Services or would like to contact Atmotech by mail, you can address your letter to Atmotech, info@atmotube.com, Attn: Customer Support.
Copyright and trademark information. Copyright © 2024, Atmotech Inc. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Products and Services are the property of Atmotech or of their respective holders. You may not use any of the Marks without the written consent of Atmotech or such respective holders.
Preprinted terms. In no event shall any preprinted terms or conditions included on Customer’s or Partner’s purchase orders, invoices, or other preprinted forms be considered an amendment or modification of these Terms. Any such preprinted terms or conditions are hereby objected to and shall be null, void, and of no effect. Any sale of Products or Services to you is expressly conditioned on your acceptance of these terms.
"Confidential Information" includes any non-public, sensitive information disclosed by Atmotech Inc. or its affiliates ("Disclosing Party") to you ("Receiving Party"), whether communicated in writing, orally, or by drawing or other form, which should reasonably be considered confidential given the nature of the information and the circumstances of disclosure. This may include, but is not limited to, technical data, product designs, business processes, strategies, financial information, and other proprietary information.
As the Receiving Party, you agree to:
Confidential Information does not include information that: