This Non-Disclosure Agreement (“NDA”) is entered into and made effective as of the date set forth above, by and between Western Digital Technologies, Inc., and its majority owned worldwide subsidiaries (“WDT”), and the party identified below, and its majority owned worldwide subsidiaries (“Recipient”).
THE PARTIES AGREE AS FOLLOWS:
1. Confidential Information; Purpose. “Confidential Information” as used herein means any information regardless of form: (a) that WDT designates as “confidential” or “proprietary” to Recipient, or (b) which under the circumstances surrounding disclosure or by the nature of the information, ought to be treated as confidential by Recipient. Confidential Information includes, but is not limited to, product/service specifications or drawings, prototypes, product pricing, roadmaps, software, marketing plans, financial data, and personnel statistics. “Purpose” as used herein shall mean (i) evaluating whether to engage in a business arrangement between the parties relating to their respective businesses, and (ii) if the parties agree to enter into such a relationship, then to develop, further and facilitate such arrangement for WDT’s benefit.