A person who applies to some OEN programs ("Applicant") is
asked to submit certain confidential information to OEN. The Applicant
directs OEN to use at least the same degree of care as it would use
with respect to its own confidential information to avoid disclosure,
to any third party not part of the OEN evaluation procedures, of any
materials submitted to OEN by the Applicant which are clearly marked as
confidential.
The Applicant further directs OEN not to use such materials
for purposes other than evaluation under procedures established by OEN.
The Applicant agrees that OEN shall have no obligation of
confidentiality with respect to any information received from the
Applicant that (1) is already known to OEN, (2) is or becomes publicly
known through no wrongful act of OEN (such as by inclusion in the
Applicant's OEN presentations), (3) is rightfully received by OEN from
a third party without similar restrictions, or (4) is furnished to a
third party by the Applicant without similar restrictions on the third
party's rights.