6.1 The Receiving Party shall keep any Confidential Information received from the Disclosing Party during the term of this Agreement strictly confidential and will not copy, record or use it or disclose such information to any third party except for the purpose of the proper performance of this Agreement, or with the prior written consent of the Disclosing Party, or as required by law, governmental or regulatory authority (including any relevant security exchange and the Serious Fraud Office), any court or other authority of competent jurisdiction.
6.2 Confidential Information includes: (i) any information and data relating to the business, finances, commercial activities, products, Customers, students, suppliers or affairs of the Disclosing Party confidential to it and trade secrets, whether or not protectable; (ii) (by way of example only and without limitation) technical data, know-how, financial information, financial forecasts, business plans, launch data, or organisation of marketing strategies, password and security information. Confidential Information may include information and data recorded in writing or stored electronically or held in any other manner. Information will be prima facie confidential if it relates to trade secrets, research and developments, intellectual property rights and any materials incorporating intellectual property rights in whatever form.
6.3 To the extent that the Disclosing Party's Confidential Information is no longer required by the Receiving Party for the purposes of the proper performance of, or to exercise its rights under, this Agreement, the Disclosing Party shall (unless it is required by law to retain such Confidential Information) either promptly return the Confidential Information which is in its control, power or possession to the Disclosing Party or (at the Disclosing Party's option) promptly destroy it and certify to the Disclosing Party that it has done the same.
6.4 The Receiving Party acknowledges and agrees that damages alone may not be an adequate remedy for any breach, or threatened breach, of the confidentiality obligations set out in this clause 7 and that the Disclosing Party shall be entitled to the remedies of injunction, specific performance and other equitable relief.