This Nondisclosure Agreement (the "Agreement") binds the Company agreeing to its terms and condition to keep and not disclose Confidential Information that A51 DOO, with offices in Trg Komenskog 2/28, Novi Sad, Serbia, may share in the secure Registered Developers Forum and Section of its website.
1. Definition of Confidential Information. For the purposes of this Agreement, "Confidential Information" includes all information or material that could have a commercial value to the Disclosing Party (A51 DOO). All technical information concerning the Disclosing Party's products and services (activeCollab and other products that we may develop in future), including product know-how, software code, test results, screenshots, research projects and product development, technical memoranda, and correspondence will be treated as confidential according to this agreement. Also, all information placed on the Developers Forum that is of interest to A51 DOO will be treated as confidential.
2. Exclusions From Confidential Information. The Receiving Party's obligations under this Agreement do not extend to information that is publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; or learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives.
3. Obligations of Receiving Party. The Receiving Party shall carefully restrict access to Confidential Information to its employees and contractors, both those registered with the Developers Forum as part of a Company and others who come into contact with information through day to day operations. It will be the Receiving Party's responsibility to ensure that its employees and contractors also uphold the nondisclosure provisions of this Agreement.
4. Time Periods. The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and the Receiving Party's duty to hold Confidential Information will be for an indefinite period that terminates only when the information is no longer a trade secret.
5. Relationships. Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venturer, or employee of the other party for any purpose.
6. Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.
7. Integration. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations, and understandings. This Agreement may not be amended except in writing, signed by both parties.
8. Waiver. The failure to exercise any rights provided in this Agreement shall not be a waiver of prior or subsequent rights. This Agreement and each party's obligations shall be binding on the representatives, assignees, and successors of each party.
