Definitions

Any information of one Party that is provided to the other Party including, without limitation, network testing processes and practices, business and product plans, know-how and show-how and other confidential business information of a Party. Notwithstanding the foregoing, the Confidential Information of BluIP shall also include any information pertaining to BluIP’s Products and Services, or the business or product information or plans of BluIP, BluIP’s customers or licensors that are disclosed to Partner during the course of Partner’s performance under this Agreement, in tangible and/or intangible form and whether or not marked or indicated as “Confidential” or in some other manner by BluIP. The Confidential Information of Partner shall also include all financial or credit information provided by Partner pursuant to this Agreement, any information pertaining to Partners’ Products, and Services, or the business or product information or plans of Partner, Partner’s customers or licensors that are disclosed to BluIP during the course of BluIP’s performance under this Agreement, in tangible and/or intangible form and whether or not marked or indicated as “Confidential” or in some other manner by Partner. Confidential Information does not include information that: (i) can be shown to have been in the receiving Party's possession without restrictions of confidentiality prior to receipt from the disclosing Party; (ii) is or becomes public knowledge because of events other than an act or failure to act by the receiving Party or anyone under the receiving Party's direct or indirect control; or (iii) can be shown to have been independently developed by the receiving Party as evidenced by competent written records, provided that such development was accomplished by the receiving Party or on its behalf without the use of, or any reference to, the Confidential Information of the disclosing Party.

Any party to whom White Label Partner distributes BluIP Products or Services pursuant to this Agreement.

The party disclosing the Confidential Information.

All forms of intellectual property rights and protections in any country or other jurisdiction of the world including, without limitation, all right, title and interest in all associated (i) issued patents and all filed or pending applications for patents, including any continuations, continuations in part, reissues, reexaminations, substitutions and extensions thereof, in any country or other jurisdiction in the world, (ii) trade secrets and all trade secret rights, rights in Confidential Information or proprietary information and any similar rights arising under the laws of any country or other jurisdiction, (iii) copyrights, mask works and other literary property or author's rights, whether or not protected by copyright or as a mask work, and (iv) Marks.

All right, title and interest in a Party's trademarks, trade names, symbols, brand names, logos and other proprietary indicia.

Pending or registered Marks

The BluIP products and services specified and amended from time to time by BluIP. BluIP reserves the right to change, modify or discontinue any or all portions of the BluIP Products and Services at any time, in its sole discretion. White Label Partner acknowledges and agrees that BluIP may subcontract with one or more third parties to provide the BluIP Products and Services. Current pricing is always available through a BluIP sales account manager, accounting officer, and as listed in the White Label product catalog

Services provided by BluIP or its designated representative to a White Label Partner (or to White Label Partner’s End-User on behalf of White Label Partner), which services shall be billable on an hourly basis by BluIP or its designated representative performing such services

The Party receiving the Confidential Information