/Docs/G/Microsoft-DUA-OAI/Sec/Conf/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 {Conf.1.Xnum}, the {_Data_User} may freely use or disclose any portion of the dataset described in Attachment {Annex.ProjectDetails.Xnum} 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 (“{DefT.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:
    3. 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.