This Master Services Agreement (“Agreement”) governs the rights granted to Customer (as identified in applicable Service Order) hereunder for use of the Services provided by Company (defined below).
Each Party agrees that proprietary information relating to the other Party, non-public information regarding its business, finance, technological, proprietary and/or other information identified as confidential by such Party, including this Agreement, Service Order/s shall form part of confidential information (“Confidential Information”). Except as otherwise provided in this Agreement, the receiving Party or its Affiliates shall not disclose any of the Confidential Information received in connection with this Agreement to any person, in any manner unless (i) required by applicable law with prior notice of such disclosure to disclosing Party and/or; (ii) to its personnel strictly on a need-to-know basis in connection with this Agreement. Each Party shall take such measures to protect the Confidential Information in a manner no less favourable than its own. This provision of confidentiality shall not apply to information which is (a) already known by both Parties without an obligation of confidentiality; (b) is publicly known or becomes publicly known through no unauthorized act of either Party; (c) rightfully received from a person without the obligation of confidentiality; (d) disclosed without similar restrictions by either Party to a person; (e) approved in writing by either Party for disclosure, without restriction as to use or disclosure. In addition, neither Party shall use the Confidential Information belonging to the other Party to contact subscribers or to solicit customers for any purpose without the prior written consent of the other. Both Parties agree that this Clause shall survive any termination or expiration of this Agreement.
In any action to resolve a dispute under this Agreement, the prevailing party will be entitled to recover from the other party all costs and expenses incurred in that action and any appeal therefrom, including but not limited to court or arbitration costs and fees, all reasonable attorneys’ fees, and other related costs.
Input your search keywords and press Enter.