Each party acknowledges that it might receive confidential information and trade secrets (“Confidential Information”) from the other party in the course of this engagement. The Confidential Information shall be deemed to include all the information one party receives from the other which is expressly designated as “Confidential” in writing on said information.
Each party agrees to maintain the secrecy of the other party’s Confidential Information and agrees not to use it except fulfilling their respective obligations hereunder or exercising the rights granted hereunder and not to disclose it to anyone outside Square or Customer or to anyone within Square or Customer who does not have a need to know it to perform under this Agreement.
“Confidential Information” shall not include any information, which is publicly available at the time of disclosure or subsequently becomes publicly available through no fault of the recipient party or is rightfully acquired by the recipient party from a third party who is not in breach of an agreement to keep such information confidential.