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  1. Confidential and Proprietary. All parties agree that all information disclosed by NanoSmith is confidential, proprietary to and trade secrets of NanoSmith.
  2. Non-Disclosure. Promisor agrees, with respect to all information disclosed by NanoSmith to USER Pursuant to this Agreement that USER will:
    • Not use the same for any purpose whatsoever, except to the extent necessary to fulfill the objective of NanoSmith in making such disclosure;
    • Not copy, record, or reproduce the same for any purpose whatsoever;
    • Not disclose or release such information for any purpose whatsoever to any persons;
    • Take all reasonable steps and precautions necessary to protect the confidential and proprietary nature of such information; and
    • Return all such information to NanoSmith upon demand.
  3. Information in the Public Domain. The obligations of the USER set forth in paragraph (2) above shall not apply to any information furnished by NanoSmith here under which is generally available in the public domain (except as a result of a breach by USER of its obligations hereunder) or which the USER can demonstrate to the reasonable satisfaction of NanoSmith was to known to the USER prior to disclosure by NanoSmith.
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