Privacy

 

Confidentiality

This confidentiality agreement (hereinafter referred to as the "Confidentiality Agreement") is entered into between:

JAVAPUBLISHING, SARL, with a capital of €7,623.00, whose registered office is located in MOSNES (37530) at 1 rue du Moulin Brulé, registered with the Tours Trade and Companies Register under number 418561219.00, represented by Mr. Gerard MONTORO

Hereinafter the "Disclosing Party"

And

_____

Hereinafter the "Beneficiary Party"

Together hereinafter referred to as the "Parties".

Preamble

Whereas the parties wish to exchange confidential information concerning: ____.

THE PARTIES HAVE AGREED AS FOLLOWS:

ARTICLE 1: Definitions

• Confidentiality Agreement: this term refers to this confidentiality agreement;

• Confidential Information: this term refers to the information disclosed by the Disclosing Party throughout the term of this agreement, regardless of the medium on which the information was communicated. This information may include, but is not limited to: diagrams, charts, documents, formulas, manufacturing processes, know-how, computer programs, trade secrets, or any other information concerning technical or economic data. The identification of confidential information must be clearly indicated in writing by the Disclosing Party when transmitting said information to the Receiving Party.

The following do not constitute Confidential Information:

• Information in the public domain prior to disclosure;

• Information that has been included in the public domain after any disclosure when the Receiving Party cannot be held responsible for any wrongdoing;

• Information already obtained by the Receiving Party prior to any disclosure by the Disclosing Party;

• Information that may be obtained by a court order or by applicable regulations; Information lawfully obtained by the Receiving Party.

• Receiving Party: This term refers to the party receiving confidential information from the disclosing party;

• Disclosing Party: This term refers to the party disclosing confidential information to the Receiving Party;

• Parties: This term refers to the Receiving Party and the Disclosing Party.

ARTICLE 2: Obligations of the Parties

The Receiving Party undertakes to:

• Use the Confidential Information exclusively within the framework of the Parties' collaboration;

• Preserve all Confidential Information with the same care with which it preserves its own information, as well as ensure the protection of said information to prevent its disclosure to the public;

• Not disclose Confidential Information to a third party without the written consent of the Disclosing Party;

• Limit the use of Confidential Information so that its dissemination within its organization only affects those individuals to whom it is necessary;

• Inform all holders of Confidential Information that said information is secret and ensure that each holder meets the conditions set out in this agreement.

ARTICLE 3: Duration of the Confidentiality Agreement

The Confidentiality Agreement is valid for a period of 30 years from its effective date.

The effective date of the Confidentiality Agreement is April 17, 1998.

This Confidentiality Agreement may be renewed if the Parties so wish.

The termination of the Confidentiality Agreement does not relieve the Receiving Party of its obligations regarding the use, protection, and non-disclosure of the information communicated by the Disclosing Party during the Parties' cooperation.

ARTICLE 4: Ownership and Rights

The Parties agree that the Confidential Information disclosed by the Disclosing Party to the Receiving Party is and remains the exclusive intellectual property of the Disclosing Party, which alone may initiate legal protective measures regarding the aforementioned information.

This agreement does not limit the rights held by the Parties prior to the date of signing this agreement. It does not, under any circumstances, create an additional obligation for the Parties to enter into further contractual commitments between them.

ARTICLE 5: Return of Confidential Information

The Receiving Party is required to return (or destroy) to the Disclosing Party, regardless of the medium, all Confidential Information, as well as copies and reproductions of said information, upon termination of the collaboration, whether premature or upon termination of this Confidentiality Agreement.

ARTICLE 6: Prohibitions

The Parties draw up and sign this agreement intuitu personae. The Parties are prohibited from assigning the Confidentiality Agreement to a third party without the Parties' consent.

Neither Party may decompile, disassemble, or disassemble the Confidential Information of the other Party, whether in part or in full.

ARTICLE 7: Liability

Contractual breach of any provision contained in this agreement shall automatically incur the liability of the defaulting Party, in accordance with common law.

ARTICLE 8: Applicable Law

This Confidentiality Agreement is subject to French law. Any dispute shall be brought before the French courts of common law.

Done in Mosnes, on April 17, 1998

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