Confidentiality Agreement
In connection with the Field Testing Project for which you are enrolling, it may be necessary for Rain Bird to disclose certain confidential and proprietary information including marketing, new product and technical plans, designs, techniques, inventions, developments, equipment, prototypes, specifications, functions and features, and other confidential and proprietary information (collectively, "Confidential Information"). Accordingly, you expressly agree that all Confidential Information received from Rain Bird will be held and maintained in confidence and will neither be disclosed to anyone nor used for your own use or for any other purpose outside the scope of this Agreement without the prior written permission and consent of Rain Bird. You agree to take all reasonable measures to protect the secrecy and avoid unauthorized disclosure or use of Confidential Information. This obligation does not apply to any information possessed by you prior to the disclosure by Rain Bird of such information. Nothing in this Agreement shall be construed as granting, conferring or implying any right or license, express or otherwise, to use any Confidential Information disclosed hereunder other than within the scope of this Agreement, and all Confidential Information disclosed to or otherwise acquired by you shall remain the sole property of Rain Bird. Further, it is expressly understood and agreed that the existence and nature of the relationship established between you and Rain Bird under this Agreement shall be treated as Confidential Information. This Agreement (1) is the entire understanding between you and Rain Bird regarding the matters discussed herein, (2) may not be amended, supplemented, waived or terminated except with Rain Bird's prior written consent, and (3) is subject to California law.