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Accetti il nostro ACCORDO DI NON DIVULGAZIONE?
CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT BY CLICKING "I ACCEPT", "OK", "CONTINUE", "YES" YOU ARE INDICATING YOUR COMPLETE UNDERSTANDING AND ACCEPTANCE OF THE TERMS OF THIS AGREEMENT. THIS CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT ("Agreement") is made by and between BITDEFENDER SRL., with its principal address as 24 Preciziei Boulevard, West Gate Building H2, ground floor, sector 6, Bucharest, Romania (hereinafter referred to as "BITDEFENDER"), duly represented by Mr. Florin Talpes, as a General Manager and YOU (hereinafter referred to as " Partner") BITDEFENDER and Partner are sometimes referred to herein as "Parties", as the case may be. WHEREAS, BITDEFENDER and Partner are both aware that the business of each consists of highly confidential information, including, but not limited to, customer contracts, customer lists, price lists, processes, procedures, technologies, and technical and development plans, which are trade secrets of considerable and unique value to the customers and the business of both parties. WHEREAS, the nature of the communications of both BITDEFENDER and Partner will necessarily result in access to trade secrets and other confidential information acquired and developed, and to be acquired and developed, by each Party at considerable expense of time and money, which trade and technical secrets and information, of necessity, due to the competitive nature of the industry in which each Party is engaged, are highly confidential and remain the exclusive property of the provider of the confidential information; WHEREAS, the disclosure to others of the trade secrets and other confidential information of both BITDEFENDER and Partner, including, but not limited to customer contracts, customer lists, price lists, processes, marketing proposals, marketing concepts and procedures would result in irreparable damage to the business and customer relations of both BITDEFENDER and Partner. NOW, THEREFORE, for adequate and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: 1. DEFINITIONS. These terms, when used in this Agreement, shall be defined as follows: (a) "Confidential Information" means, but is not limited to, any information not in the public domain relating to the names and addresses of customers, processes, marketing strategies, marketing proposals, operational procedures, formulas, research, ideas, inventions, discoveries, improvements, equipment, methods of service, costs or prices or uses of the products or services of both BITDEFENDER and Partner, financial information not otherwise previously discussed, business plans of each Party, customer and supplier information, credit information, personnel information, and other confidential information or trade secrets, including, but not limited to, customer contracts, customer lists, price lists, marketing concepts, processes and procedures, whether contained in any written documents and whether belonging to both BITDEFENDER and Partner (for this purpose, both BITDEFENDER and Partner are to include any of the affiliated or subsidiary corporations of each Party) or in the possession of both BITDEFENDER and Partner pursuant to obligations of secrecy to others, which are communicated to, acquired by, developed by, or learned by either Party to this Agreement as a result of communications with each other (whether or not such information is labeled or designated as "confidential"); (b) "BITDEFENDER.s Business", "Partner's Business", "Business of BITDEFENDER" or "Business of Partner" shall mean the marketing, production, sale, service and support of computer virus protection or other software and related products and all related fields; and (c) "Documents" shall include, but is not limited to, any and all correspondence, memoranda, notes, records, letters, summaries of personal conversations or interviews, minutes or records, or notes of meetings, conferences or phone conversations, opinions or reports of consultants, accountants or auditors, projections, statistical statements, feasibility studies, financial projections, contracts, agreements, purchase orders, confirmations, telegrams, telexes, books, notes, reports, logs, diaries,calendars, tape recordings, e-mail, fax or telecopy, photographs, audio or visual tapes, charts, photographs, notebooks, interoffice communications, articles, magazines, newspapers, maps, drawings, plans, proposals, plates, deeds, mortgages, promissory notes, leases, rental agreements, purchase and sales agreements, filings with government agencies at any level of government (whether required by law or filed voluntarily), and any other writings, working papers, and drafts of writings of whatever description, including, but not limited to, any information contained in any computer or peripheral equipment (including software, hard disks, floppy disks, tapes or other recording devices), whether or not printed out. 2. CONFIDENTIALITY AND NON-DISCLOSURE. BITDEFENDER and Partner, hereby jointly and severally, acknowledge that each Party will have access to and become acquainted with Confidential Information which is regularly used or contemplated to be used in either BITDEFENDER's Business or Partner's Business. Both BITDEFENDER and Partner hereby acknowledge that all information regarding BITDEFENDER.s Business and its affiliated and subsidiary corporations or Partner's Business and its affiliated and subsidiary corporations, compiled or obtained by, or furnished to, either, while this Agreement is in full force and effect, is Confidential Information and is the exclusive property of either BITDEFENDER or Partner through their association, whether or not designated as such by either Party. Neither Party to this Agreement shall directly or indirectly, either disclose any Document or Confidential Information, except as approved, in writing, by the owner of such Document or Confidential Information, or use any Document or Confidential Information for the benefit or profit of either Party or for the benefit of any other person, firm, corporation, limited liability company, partnership, proprietorship, association or other business entity, or at any time. All Documents of any kind relating to the Business of BITDEFENDER or the Business of Partner, as may be the case, which come into the possession of either Party to this Agreement shall remain the sole property of BITDEFENDER or Partner, as may be the case, and may only be used by the other Party to evaluate the possibility of, and/or perform under, future agreements entered into by the Parties for the mutual benefit of the Parties. Each Party to this Agreement shall return all such Documents, and all copies, to the respective owner of all such Documents upon the termination, for any reason, of communications with, or upon demand of, the respective owner of all such Documents. BITDEFENDER and Partner further agree that the covenants set forth herein with respect to Confidential Information and Documents shall continue in full force and effect notwithstanding the termination of any other provision of this Agreement. 3. REMEDIES. BITDEFENDER and Partner expressly agree and understand that the remedy at law for any breach of the provisions of this Agreement by either Party to this Agreement will be inadequate and that the damages flowing from any such breach may not be readily susceptible to being measured in monetary terms. Accordingly, BITDEFENDER and Partner acknowledge that upon adequate proof of a violation by either Party to this Agreement of any of the provisions of this Agreement, BITDEFENDER or Partner, as the case may be, shall be entitled to a temporary restraining order and/or preliminary injunction against any threatened or future breach hereof. Any such breach shall toll the running of the time period from the date of such breach, until such breach shall cease. BITDEFENDER and Partner expressly acknowledge that each has carefully considered the nature and extent of the restrictions upon both Party and the rights and remedies of either Party to this Agreement under this Agreement. BITDEFENDER and Partner expressly acknowledge and agree that the restrictions are reasonable and are fully required to protect the legitimate interests of BITDEFENDER or Partner, as the case may be, and do not confer a benefit upon BITDEFENDER or Partner, as the case may be, disproportionate to the detriment of either Party. 4. SEVERABLE PROVISIONS. The provisions of this Agreement are severable, and if any one or more provisions is determined to be illegal or otherwise unenforceable in whole or in part, the remaining provisions, and any partially enforceable provision, shall be binding and enforceable to the extent enforceable in any jurisdiction. 5. BINDING EFFECT. The rights of BITDEFENDER and Partner under this Agreement shall inure to the benefit of either BITDEFENDER or Partner, as the case may be, and its successors and assigns. The rights and obligations of BITDEFENDER and Partner under this Agreement shall be binding upon BITDEFENDER and Partner and BITDEFENDER.s and Partner.s successors, assigns, agents, heirs, personal representatives, and estate. 6. WAIVER; CUMULATIVE REMEDIES. The failure of either BITDEFENDER or Partner, as the case may be, to enforce any provision or provisions of the Agreement shall not in any way be construed as a waiver of any such provision or provisions as to any future violations thereof, nor prevent either BITDEFENDER or Partner, as the case may be, thereafter from enforcing each and every other provision of this Agreement. The rights granted herein are cumulative and the waiver of any single remedy shall not constitute a waiver of the right of either BITDEFENDER or Partner to assert all other legal remedies available to it under the circumstances. Both parties to this Agreement acknowledge that either BITDEFENDER or Partner has other remedies at law, and that either BITDEFENDER or Partner, as the case may be, is entitled to assert all of those remedies concurrent with those granted under this Agreement. 7. GOVERNING LAW AND CONSTRUCTION. BITDEFENDER and Partner acknowledge, covenant, and agree that the terms, conditions, and provisions contained in this Agreement shall be interpreted and governed by the Romanian laws. Paragraph headings are for convenience only and shall not be construed as part of the terms and provisions of this Agreement. Any dispute related to this Agreement shall be finally settled by arbitration administered by The Court of International Commercial Arbitration attached to the Chamber of Commerce of Commerce and Industry of Romania in accordance with the its rules. All arbitration proceedings shall be conducted in English by one or more arbitrators appointed in accordance with those Rules. The Place of Jurisdiction is Bucharest, Romania. The prevailing party in any such dispute shall be entitled to recover costs and expenses associated with resolving such dispute, including reasonable attorney fees. 8. ACKNOWLEDGMENT. Both Parties to this Agreement expressly acknowledge that nothing contained herein shall be deemed to create a partnership or other association between the Parties hereto except as otherwise expressly agreed in writing. Both Parties to this Agreement also expressly acknowledge the authority of the individual(s) signing this Agreement to execute same on its behalf. This agreement does not limit the rights of the parties to negotiate a relationship and sign an agreement with another party in case of failure of negotiations between BITDEFENDER and Partner. 9. TERM AND SURVIVAL This Agreement shall be in force from the date the parties sign it and shall be valid for a period of 2 years, after the termination of the business relations between the Parties. IN WITNESS WHEREOF, the Parties hereto have executed this Agreement.
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