CONFIDENTIALITY AGREEMENTBetweenBosch Vietnam Co., Ltd.-Hereinafter referred to as "BOSCH"-andXXX (full company name)-Hereinafter referred to as "YYY-short company name"--Hereinafter Bosch and YYY jointly referred to as "Parties" or individually as "Party"-PREAMBLEThe Parties intend to enter into discussions regarding all Projects at Bosch.The Parties therefore agree as follows:1. EXCHANGE OF INFORMATIONDuring the term of this Agreement, the Parties intend to exchange commercial and technical information (including but not limited to drawings, experiences, samples, etc.) relating to the subject mentioned in the Preamble ("Information").2. CONFIDENTIALITY2.1 Either Party shall use Information received from the disclosing Party solely for the purpose of the intended cooperation and shall keep it confidential, i. e. shall not disclose it to third parties, directly or indirectly, orally or in writing or in any other way, shall not disassemble, open source image editing or translate software received hereunder into any other kind of code, and shall not open or disassemble samples received hereunder , except when expressly authorized in writing by the Party from which such Information has been obtained. The Party providing the Information retains all rights (including copyright and the right to apply for industrial property rights, such as patents, utility models, mask work protection etc.).2.2 Either Party shall use the same degree of care as used in its own comparable affairs to keep confidential all Information received hereunder. Upon occurrence of any of the following circumstances, the obligation to keep confidential according to Article 2.1 shall not or no longer apply to Information for which evidence has been furnished that it:-was publicly known at the time of disclosure or, through no wrongful act of the receiving Party, became publicly known thereafter, or-had already been known to the receiving Party prior to such disclosure or was after such disclosure lawfully obtained from a third party without any obligation to keep confidential, or-has been or is being developed by the receiving Party independent of any such Information disclosed by the other Party.2.3 Either Party shall-upon request of the disclosing Party-return to the disclosing Party or destroy without delay all written or otherwise recorded Information (including copies, if any) and samples obtained from such Party. The receiving Party shall confirm such destruction in writing. The return may be requested at any time during the term of this Agreement and up to but not later than three (3) months after its expiration. The obligation to return copies of Information shall not apply to copies the receiving Party retains for the purpose of evidencing the content and course of the discussions.2.4 For personal data, each Party shall comply with the regulations of privacy legislation and shall take required technical and organizational measures to protect such data, for example, but not limited to, against unauthorized access, unauthorized modification or passing on, in particular in case of transmission of such data in a network.3. RIGHTS, WARRANTY, LIABILITY3.1 No title, license, copyright or any other rights are implied or expressly granted under this Agreement and by the exchange of Information regardless whether or not covered by industrial property rights. In case one Party is interested in the acquisition of a respective license, this shall be subject to a separate agreement.3.2 Nothing in this Agreement constitutes, implied or expressly, any representation or warranty by the disclosing Party regarding completeness, faultlessness, merchantability, fitness for any purpose, or the freedom of third parties ' rights of the Information made accessible hereunder. Likewise, by virtue of this Agreement the disclosing Party assumes no liability for any damages incurred by the receiving Party, or any third party, as a consequence of receipt of Information hereunder, unless expressly stipulated otherwise by compulsory law.4. TERMThis Agreement shall become effective when duly signed by both Parties retroactively with the beginning of the discussions on 19/01/2016 and shall expire on January 19, 2021. The Parties may prolong the term of this Agreement by mutual agreement in writing.The obligation to keep Information confidential shall remain valid for five years after expiration of this Agreement.5. MODIFICATIONS AND SUPPLEMENTS Modifications and supplements to this Agreement-including this Section 5-shall be in writing and duly signed by all Parties to become legally binding.6. ARBITRATIONAny and all disputes, controversies and claims arising from, or/or related to this Agreement, or any default, normal and/or sooner termination or invalidity hereof, shall be resolved through mutual and amicable discussions and/or negotiations. In case of failure to get any conclusions to be acceptable by both Parties within three (3) months, the afo
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