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The Company and Exar do hereby covenant and agree with each other as follows:Ģ.1 Non-disclosure. Legal or fiduciary obligation of confidentiality to the non-disclosing party or any other party with respect thereto, (iii) was or is obtained by the recipient party from a third party, provided, that, such third party was not bound by aĬontractual, legal or fiduciary obligation of confidentiality to the non-disclosing party or any other party with respect to such information or material, or (iv) is independently developed by the recipient party without reference to the Party’s possession or known to the recipient party prior to being disclosed or provided to the recipient party by or on behalf of the other party, provided, that, the source of such information or material was not bound by a contractual, The foregoing, Confidential Information shall not include information or material that (i) is publicly available or becomes publicly available through no action or fault of the recipient party, (ii) was already in the recipient

Or documents prepared by the recipient party which contain, reflect or are based, in whole or in part, on the Confidential Information. Confidential Information also includes any notes, analyses, compilations, studies or other material Marketing, expenses, financial statements and data, customer and supplier lists, raw materials, costs of goods and relationships with third parties. To products, formulae, specifications, designs, processes, plans, policies, procedures, employees, work conditions, legal and regulatory affairs, assets, inventory, discoveries, trademarks, patents, manufacturing, packaging, distribution, sales, Information” shall collectively refer to all non-public information or material disclosed or provided by one party to the other, either orally or in writing, or obtained by the recipient party from a third party or any other source,Ĭoncerning any aspect of the business or affairs of the other party or its “affiliates” (as such term is defined in Rule 12b-2 under the Securities Exchange Act of 1934), including without limitation, any information or material pertaining For all purposes of this Agreement, the term “ Confidential In consideration of the mutual covenants andĬonditions contained herein, to induce the parties hereto to provide certain information to each other and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties to this Agreement do herebyġ. (the “ Company”), and Exar Corporation (“ Exar”). “ Agreement”) is made and entered into effective as of September 10, 2008, by and between Hifn, Inc. This Confidentiality and Non-disclosure Agreement (the Confidentiality and Non-disclosure AgreementĬONFIDENTIALITY AND NON-DISCLOSURE AGREEMENT