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Confidentiality Agreement

1. Definition of Confidentiality. As used in this Agreement, "Confidential Information" refers to any information which has commercial value and is either

  • technical information, including patent, copyright, trade secret, and other proprietary information, techniques, sketches, drawings, models, inventions, know-how, processes, apparatus, equipment, algorithms, software programs, software source documents, and layouts related to the current, future and proposed products and services of Discloser, or
  • non-technical information relating to Discloser's products, including without limitation pricing, margins, merchandising plans and strategies, finances, financial and accounting data and information, suppliers, customers, customer lists, purchasing data, sales and marketing plans, future business plans and any other information which is proprietary and confidential to Discloser.

2. Identification of Confidential Information.  The parties agree that the Confidential Information shall be subject to the terms of this Agreement only if such information is identified as follows:

  • If such information is written or other tangible form, it shall be clearly marked or labeled “Proprietary” or “Confidential”;
  • If such information is disclosed orally or in other intangible form, Discloser shall specifically state, before or during such disclosure, what portion thereof is deemed by Discloser to be proprietary and submit a written summary of the disclosure to Recipient within thirty (30) days of the date of disclosure.

3. Nondisclosure and Nonuse Obligations. Recipient will maintain in confidence and will not disclose, disseminate or use any Confidential Information belonging to Discloser, whether or not in written form. Recipient agrees that Recipient shall treat all Confidential Information of Discloser with at least the same degree of care as Recipient accords its own confidential information. Recipient further represents that Recipient exercises at least reasonable care to protect its own confidential information. If Recipient is not an individual, Recipient agrees that Recipient shall disclose Confidential Information only to those of its employees who need to know such information, and certifies that such employees have previously signed.

4. Governing Law. This Agreement shall be governed in all respects by the laws of Taiwan.

5. Injunctive Relief. A breach of any of the promises or agreements contained herein will result in irreparable and continuing damage to Discloser for which there will be no adequate remedy at law, and Discloser shall be entitled to injunctive relief and/or a decree for specific performance, and such other relief as may be proper (including monetary damages if appropriate).