Confidentiality, clause set for a commercial agreement

10. CONFIDENTIALITY

10.1 Definition. “Confidential Information” means all information disclosed by or on behalf of a Party (the “Discloser”) to the other (the “Recipient”) or to its Representatives, before or after the Effective Date, in any form and whether or not marked as confidential, relating to the Discloser’s or its Affiliates’ business, affairs, customers, suppliers, products, services, operations, processes, methods, know-how, designs, specifications, source code, algorithms, formulations, data, plans, forecasts, pricing, costs, margins, finances, shareholding, personnel, Intellectual Property Rights or legal position, or which by its nature or the circumstances of its disclosure would reasonably be regarded as confidential. It includes the existence and terms of this Agreement, and all notes, analyses, models, extracts and other material prepared by the Recipient which contain, reflect or are derived from it.

10.2 Obligations. The Recipient shall: keep the Confidential Information strictly confidential; use it solely for the purpose of performing its obligations and exercising its rights under this Agreement; not disclose it except under clause 10.3; protect it with not less than the degree of care it applies to its own confidential information of like importance and in no event less than a reasonable degree of care; not copy it except as necessary for that purpose; not reverse engineer, decompile or disassemble any material provided to it; and notify the Discloser immediately on becoming aware of any unauthorised use, disclosure or loss, and take all steps reasonably required to limit the consequences.