11.1 Definition of confidential information. For the purposes of this Agreement, “Confidential Information” means all of our business or technical information that we provide to you or that we make available to you under this Agreement, whether in writing, orally or otherwise, including through computer programs, code, algorithms, data, know-how, formulas, processes , ideas, inventions (patentable or not), circuit diagrams and other technical, commercial, financial and product development plans, the names and expertise of staff and consultants, as well as client lists. For the purposes of this contract, the source code of our software is considered to be our confidential information, whether or not it is identified as such. 11.2 Restrictions on use and disclosure. You will not use our confidential information unless this Agreement allows it. You agree to keep our confidential confidential information confidential and protect it with at least the same degree of diligence that you use for your own information of the same nature, but at least an appropriate degree of care in all cases. You agree to take all reasonable steps to prevent the unauthorized disclosure of our confidential information, including, but not only, the disclosure of confidential information only to your employees, independent contractors, consultants and legal and financial advisors (together “representative”) (i) with the need to know this information, (ii) parties to appropriate agreements that are sufficient to comply with this section 11 , and (iii) the confidentiality obligations imposed by this section. You are responsible for all the actions and omissions of your representatives. The above obligations do not prevent you from disclosing our confidential information in accordance with the order or application of a jurisdiction, administrative authority or other government authority, provided that you give us an appropriate notification so that we can challenge this injunction or request. The restrictions in this section 11 also apply after the end or expiry of this agreement. The “PML service” refers to CoreOS` Linux Premium service. The PML service contains a license for an object code version of the CoreUpdate software application™ owner of CoreUpdate, which will be granted to you as software under this agreement and can only be used as part of your evaluation of the PML service.
1.5 “Licence” refers to the evaluation license we have granted, which includes access to the software download, a license key, and the rights to use and copy the software in accordance with this Agreement. Disclaimer: Although these are the main problems, it is certainly not enough to cover them only and it is strongly recommended to look for a lawyer before signing or drafting an evaluation agreement. As they say, the devil is in the details. 13.7 changes; Full agreement. There are no amendments, amendments or amendments to this Agreement that engage the parties unless we both grant the amendment in a letter signed by each of our authorized agents. This agreement constitutes the whole agreement and understanding of the parties with respect to its purpose and replaces all prior or concurrent or written agreements between the parties with respect to their purpose. To keep it simple, we assume that, for the purpose of this contribution, evaluation is for a service (not a product) and that the service is software. Many of my clients ask me why they can`t close the deal with a handshake, and even though the days when multi-million dollar agreements were reached, unfortunately, times have changed.
Today, people are quick to complain or turn to legal solutions, and the business etiquette of the past is simply not the same.