/Docs/G/Microsoft-DUA-OAI/Form/0.md
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Confidentiality of Training Data
  1. Data User agrees to take reasonable steps to protect the confidentiality of the Training Data while in Data User’s possession or control.
  2. Notwithstanding the foregoing Section 6(a), the Data User may freely use or disclose any portion of the dataset described in Attachment A that:
    1. was lawfully in Data User’s possession prior to the time of disclosure by Data Provider;
    2. becomes publicly available without a breach of this Agreement by Data User;
    3. is received by Data User lawfully from another source without any corresponding obligation of confidentiality; or
    4. is independently developed by or for Data User.
  3. Data User may disclose the Training Data if and as required by law; but only after it notifies the Data Provider (if legally permissible) to enable the Data Provider to seek a protective order or other appropriate remedy.
  4. Data User may not disclose the Training Data to any third party, except to its employees, contractors and consultants (“Representatives”) and then only on a need-to-know basis under nondisclosure obligations at least as protective as this Agreement. Data User will be responsible and liable for the use and disclosure of the Training Data by its Representatives, which use and disclosure is subject to the same limitations and requirements that apply to Data User.
  5. {AltPrompt}: (copy)- "Conf.IfNDA.sec={Conf.IfNDA.AltX.sec}" where X is 1-2:
    1. If there is a conflict between the terms of the NDA and the terms of this Agreement with respect to Training Data, the terms of this Agreement shall govern.