多方MOU (中英对照版).docVIP

MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding (“MOU”) is entered into on [date] by and between： [ ] (hereinafter referred to as Supplier), and [ ] (hereinafter referred to as Partner ), and [ ] (hereinafter referred to as Buyer). Supplier and Partner and Buyer are each hereinafter also referred to as the “Party” and, collectively, as the “Parties”. DEFINITIONS Wherever used in this MOU the following terms shall have the meanings set forth below: “Affiliates” means any legal entity which, at the time of disclosure to it of any Confidential information, is directly or indirectly controlling, controlled by or under common control with any of the Parties. “关联公司”指：在向其透露任何保密信息是，直接或间接控制、被任何一方控制或被共同控制的任何法律实体 “Confidential Information” means any information disclosed in any form whatsoever (including, but not limited to, disclosure made in writing, orally or in the form of samples, models, computer programs or otherwise) by the Disclosing Party to the Receiving Party under this MOU, provided that (i) if such information is disclosed by the Disclosing Party in writing, it shall be marked as confidential at the time of disclosure, (ii) if such information is disclosed by the Disclosing Party orally, it shall be identified as confidential at the time disclosure, (iii) if disclosed in any other manner, it shall be designated in writing as confidential at the time of disclosure or (iv) notwithstanding subparagraphs (i), (ii) and (iii) of this definition, the nature of such information makes it obvious that it is confidential. However, the term Confidential Information shall not include any information disclosed by the Disclosing Party to the Receiving Party which a) is on the effective date, or thereafter becomes, publicly available otherwise than through an act or negligence of the Receiving Party, b) is