Final RFP for supply, installation, configuration ... - DOITC Rajasthan
Final RFP for supply, installation, configuration ... - DOITC Rajasthan
Final RFP for supply, installation, configuration ... - DOITC Rajasthan
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14) Copyright<br />
Supply, Installation, Configuration & Integration of IT infrastructure <strong>for</strong> State Data Center, e-Secretariat<br />
& Other Projects [NIB No. F5(776)/DoIT/Tech/13/I/10766/2013 dated 23-08-2013]<br />
successful/ selected bidder to benefit from any such tax savings to the maximum<br />
allowable extent.<br />
The copyright in all drawings, design documents, source code and other materials containing<br />
data and in<strong>for</strong>mation furnished to the Purchaser by the Supplier/ Selected Bidder herein shall<br />
remain vested in the Selected Bidder, or, if they are furnished to the Purchaser directly or<br />
through the Supplier/ Selected Bidder by any third party, including suppliers of materials, the<br />
copyright in such materials shall remain vested in such third party.<br />
15) Confidential In<strong>for</strong>mation<br />
a) The Purchaser and the Supplier/ Selected Bidder shall keep confidential and shall not,<br />
without the written consent of the other party hereto, divulge to any third party any<br />
drawings, documents, data, or other in<strong>for</strong>mation furnished directly or indirectly by the<br />
other party hereto in connection with the Contract, whether such in<strong>for</strong>mation has been<br />
furnished prior to, during or following completion or termination of the Contract.<br />
b) The Supplier/ Selected Bidder may furnish to its Subcontractor, if permitted, such<br />
documents, data, and other in<strong>for</strong>mation it receives from the Purchaser to the extent<br />
required <strong>for</strong> the Subcontractor to per<strong>for</strong>m its work under the Contract, in which event the<br />
Supplier/ Selected Bidder shall obtain from such Subcontractor an undertaking of<br />
confidentiality similar to that imposed on the Supplier/ Selected Bidder.<br />
c) The Purchaser shall not use such documents, data, and other in<strong>for</strong>mation received from<br />
the Supplier/ Selected Bidder <strong>for</strong> any purposes unrelated to the Contract. Similarly, the<br />
Supplier/ Selected Bidder shall not use such documents, data, and other in<strong>for</strong>mation<br />
received from the Purchaser <strong>for</strong> any purpose other than the design, procurement, or<br />
other work and services required <strong>for</strong> the per<strong>for</strong>mance of the Contract.<br />
d) The obligation of a party under sub-clauses above, however, shall not apply to<br />
in<strong>for</strong>mation that: -<br />
i. the Purchaser or Supplier/ Selected Bidder need to share with other institutions<br />
participating in the Contract;<br />
ii. now or hereafter enters the public domain through no fault of that party;<br />
iii. can be proven to have been possessed by that party at the time of disclosure and<br />
which was not previously obtained, directly or indirectly, from the other party; or<br />
iv. otherwise lawfully becomes available to that party from a third party that has no<br />
obligation of confidentiality.<br />
e) The above provisions shall not in any way modify any undertaking of confidentiality given<br />
by either of the parties hereto prior to the date of the Contract in respect of the <strong>supply</strong> or<br />
any part thereof.<br />
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