«confidential information,» all information disclosed by one party to the other party and classified as confidential or classified as confidential, in any form, that would be considered confidential by a reasonable person, given the nature of the information and circumstances of the disclosure, including the terms and conditions of this agreement, subscriber information and confidential business information. Notwithstanding the above, the confidential information does not contain information already known to the receiving party at the time of disclosure by the public party; (b) has been obtained or received by the receiving party by a third party whose receiving party does not know that it is required to respect this information; (c) the public is or becomes available to the public only in violation of this agreement or any other valid agreement between the parties; or (d) has been or will be developed independently of the receiving party, without the confidential information of the revealing party being used. 10.1 If you sign up for a free trial version for one of the services, we will provide you with these services free of charge in a trial version until (a) the end of the free trial period for which you have registered to use the corresponding services is made available free of charge; (b) the start date of subscription to such a service that you purchased for these services; or (c) terminate the proceedings by us alone. Test conditions may appear at the test registration site. These additional conditions are incorporated into this agreement by reference and are legally binding. Please read the appropriate documentation during the trial period to familiarize yourself with the functions and functionality of the services in the corresponding service plans before making your purchase. EACH SERVICE ENTERS YOU INTO A SERVICE, AND ANY CONFIGURATIONS OR CUSTOMIZATIONS MADE TO A SERVICE BY OR FOR YOU, DURING YOUR FREE TRIAL WILL BE PERMANENTLY LOST UNLESS YOU PURCHASE A SUBSCRIPTION TO THE SAME SERVICE AS COVERED BY THE TRIAL, PURCHASE THE APPLICABLE SERVICE, OR EXPORT SUCH SERVICE DATA, BEFORE THE END OF THE TRIAL PERIOD. 5.1 Each party protects the other party`s confidential information from unauthorized use, unauthorized access or disclosure in the same way that each party protects its own confidential information, but with due diligence. unless expressly authorized by this agreement, each party may use the other party`s confidential information exclusively for the exercise of its respective rights and fulfill its obligations under this agreement, and (a) disclose this confidential information (a) exclusively to staff members and/or non-employee service providers and service providers who must be aware of this confidential information and which are bound by confidentiality rules designed to prevent the misuse of such confidential information; (b) if necessary, to comply with an order or summons of an administrative authority or competent court; or (c) as is reasonably necessary to comply with applicable legislation or regulations. The provisions of this section 5 control any confidentiality agreement between the parties and between the parties, and such a confidentiality agreement no longer has any power or effect with respect to the exchange of confidential information after the implementation of this agreement. To be clear, any exchange of confidential information prior to the implementation of the agreement remains subject to such a confidentiality agreement. 14.1 Compensation by us.
We will release you, defend you and keep you free from any claim filed against you by a third party because you use a service such as it is authorized below, and we will assert that this service violates or abuses a third party`s valid patent, copyright, trademark or trade secrecy (an «IP claim»). We will defend this IP claim at our expense and will pay damages awarded to you in this matter, including the fees and reasonable expenses of the lawyers who engaged zendesk in this defence, provided that (a) you Zendesk unve