This Non-Disclosure Agreement (“The Agreement”) is made and entered into this 12th March 2020 (two thousand and twenty).
Parties
Of the first part, On Point Limited, a company registered under the Laws of Malta, bearing company registration number C81670 and having its registered office situated at 131, St Catherine, Apart 1, Blue Grotto Avenue, Zurrieq ZRQ4015, Malta, duly represented herein by Mr Stephen Abela in his capacity as a Director
and
Of the second part, CO NAME, bearing the company registration number C****** and having its registered office situated at FULL ADDRESS duly represented herein by KEY PERSON in his capacity as a DESIGNATION
Singularly as ‘any Party’ and jointly referred to as ‘the Parties’
It is mutually agreed upon and understood by and between the parties as follows:
Definitions of Confidential Information
“Confidential Information” means any information which is disclosed by or to any Party to this Agreement, whether disclosed orally or in writing, and whether or not such information is expressly stated to be confidential or marked as such. It includes, but is not limited to, non-public tangible or intangible information regarding either Party’s products, released or unreleased software or hardware, features, marketing and promotions, business policies or practices, and the negotiated terms of any agreement between them
For the purpose of this Agreement:
1.1 "Receiving Party" shall mean a Party to this Agreement which receives Confidential Information; and
1.2 "Disclosing Party" shall mean a Party to this Agreement which discloses Confidential Information.
1.3 The Disclosing Party agrees that the Receiving Party shall have no obligation with respect to any such Confidential Information which:
1.4 is already known to the Receiving Party; or
1.5 is or becomes publicly known through no default or breach of this Agreement by the Receiving Party; or
1.6 is rightfully received from a third party without similar restriction and without breach of this Agreement; or
1.7 is independently developed by the Receiving Party without breach of this Agreement; or
1.8 is disclosed where it is necessary to do so by law or request of a governmental agency, (in such instance, the Receiving Party shall first give the Disclosing Party written notice of such request); or
1.9 relates to general concepts of computer hardware and software technology or data processing; or
1.10 constitutes Feedback (as defined in Section 5 of this Agreement).
Obligations Regarding Confidential Information
Receiving Party shall:
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Disputes
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Miscellaneous
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Suggestions and Feedback
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