Accenture Consultancy Ltd.(“Accenture”), proposes to render certain consulting services to China
Mobile (Hongkong)Co. Ltd("Client"). To facilitate the rendering of such services by Accenture,
Client is willing to provide Accenture with certain documents, data and other materials, which may
include confidential or proprietary information of Client, subject to the following terms and
1. Confidential Information. Confidential Information shall include all information
disclosed by Client to Accenture in writing and marked "Confidential" or disclosed visually
or orally. Confidential Information shall not, however, include the following: (a)
information which is now or hereafter comes into the public domain; (b) information learn-
ed by Accenture from third parties; (c) information known to Accenture or developed by
Accenture independently of information disclosed to Accenture by Client under this
agreement; or (d) information required to be disclosed by Accenture pursuant to any
court, administrative or regulatory order.
2. Confidential Treatment. Accenture shall treat the Confidential Information as
confidential, using the same standard of care that Accenture uses to protect its own
proprietary or confidential information, and shall use reasonable measures to prevent
disclosure of the Confidential Information to any third party without Client's consent.
Accenture will disclose the Confidential Information only to Accenture employees, agents
or subcontractors who have a reasonable need for access thereto in connection with
providing services to Client.
2. Property of Client; Return of Information. All Confidential Information shall remain the
property of Client. Upon Client's request, Accenture shall promptly return the Confidential
Information, provided, however, that Accenture may retain copies solely for archival
4. Term. This Agreement shall be effective as of the date executed by both parties and
shall remain in effect for a period of two (2) years following the completion of Accenture's
consulting services to Client. Client shall not assert any claims against Accenture for
disclosure of Confidential Information more than two (2) years following the completion of
Accenture's services to Client.
5. Governing Law. This agreement shall be governed by the laws of People’s Republic of
6. Entire Agreement. This agreement constitutes the entire agreement between Accenture
and Client regarding the subject matter hereof and supersedes all prior negotiations,
discussions, and agreements between them. This agreement may be modified only by a
written agreement duly executed on behalf of both of the parties hereto.
6. Severability. The provisions of this agreement shall be severable. If any term or
provision of this agreement is declared invalid or unenforceable, the remaining terms of
this agreement shall not be impaired.
8. Headings. Paragraph headings are for convenience only and shall not be considered
part of the terms and conditions of this agreement.
9. Counterparts. This agreement may be executed in one or more counterparts, each of
which shall be deemed to be an original and all of which taken together shall be deemed
to constitute one agreement.
10. No Benefit to Others. The provisions set forth in this agreement are for the sole benefit
of the parties hereto and their respective successors and assigns. This agreement shall
not be construed to confer any rights on any other persons.
Please indicate your agreement to the foregoing terms by having an appropriate representative of
China Mobile (Hongkong) Ltd to sign and return the enclosed copy of this letter.
Accenture Consultancy Ltd.
General Manager and Principal Consultant
Accenture Consultancy Ltd.
ACCEPTED AGREED TO:
China Mobile (Hongkong) Limited