The Parties undertake to maintain confidentiality about all Confidential Information that they obtain in connection with the User Agreement and its performance and not to disclose or pass on such information to third parties. "Confidential Information" within the meaning of the preceding sentence shall mean all business, technological, scientific, patent and other internal information of the Parties relating to any business strategies, ideas, intellectual property rights, development, know-how and production of the Parties that has already been disclosed or will be disclosed under the User Agreement. The confidentiality obligation shall not apply to information of a Party,
- that was already in the possession of the other Party before it was handed over by that Party;
- that was already publicly known at the time of the disclosure;
- which becomes publicly known after it has been disclosed to the other Party, unless this occurs due to a breach of the confidentiality obligation set forth in these Terms and Conditions by one of the Parties;
- to the disclosure of which the other Party has given its prior consent in text form (including e-mails); or
- for which there is a legal obligation to surrender or disclose.