12. CONFIDENTIALITY AND DISCLOSURE OF INFORMATION
“Confidential Information” includes any information, which is disclosed to you and marked or described, be it written or verbal, as confidential. Confidential Information also includes any information disclosed to you and which ought reasonably be treated as being confidential. Know-how, information about the company, data, and software are all examples of Confidential Information. If you are unclear on whether any information disclosed to you is Confidential Information, you should ask the Company whether or not it can be disclosed.
Confidential Information does not include any information, which is publicly available, unless it has become publicly available because you have disclosed it. Confidential Information also does not include any information, which you receive from a third party, unless that third party is breaching an obligation of confidentiality by disclosing it to you.
You must not disclose any Confidential Information to any third parties and you must take all reasonable steps and precautions to prevent disclosure of Confidential Information. You must not use Confidential Information for any purpose other than enjoying your rights or fulfilling your obligations under this Agreement.
The disclosure of Confidential Information may cause the company harm, which cannot be repaired, or may cause the company losses, which cannot be recovered or compensated. Therefore, if the Confidential Information is disclosed in breach of this Agreement, or if disclosure of Confidential Information is threatened, you agree that the company can obtain an injunction against you to prevent disclosure. Our right to an injunction is in addition to any other rights the company may have to protect our Confidential Information. If the court grants us an injunction, you must pay all of the legal costs of applying for the injunction incurred by the company.