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Confidentiality Agreement

It is understood and agreed to that the Discloser and the Recipient would like to exchange certain information that may be considered confidential. To ensure the protection of such information and in consideration of the agreement to exchange said information, the parties agree as follows: 1. The confidential information to be disclosed by Discloser under this Agreement (“Confidential Information”) can be described as and includes: Technical and business information relating to Discloser’s proprietary ideas, patentable ideas copyrights and/or trade secrets, existing and/or contemplated products and services, software, schematics, research and development, production, costs, profit and margin information, finances and financial projections, customers, clients, marketing, and current or future business plans and models, regardless of whether such information is designated as “Confidential Information” at the time of its disclosure. In addition to the above, Confidential Information shall also include, and the Recipient shall have a duty to protect, other confidential and/or sensitive information which is (a) disclosed by Discloser in writing and marked as confidential (or with other similar designation) at the time of disclosure; and/or (b) disclosed by Discloser in any other manner and identified as confidential at the time of disclosure and is also summarized and designated as confidential in a written memorandum delivered to Recipient within thirty (30) days of the disclosure. 2. Recipient shall use the Confidential Information only for the purpose of evaluating potential business and investment relationships with Discloser. 3. Recipient shall limit disclosure of Confidential Information within its own organization to its directors, officers, partners, members and/or employees having a need to know and shall not disclose Confidential Information to any third party (whether an individual, corporation, or other entity) without the prior written consent of Discloser. Recipient shall have satisfied its obligations under this paragraph if it takes affirmative measures to ensure compliance with these confidentiality obligations by its employees, agents, consultants and others who are permitted access to or use of the Confidential Information. 4. This Agreement imposes no obligation upon Recipient with respect to any Confidential Information (a) that was in Recipient’s possession before receipt from Discloser; (b) is or becomes a matter of public knowledge through no fault of Recipient; (c) is rightfully received by Recipient from a third party not owing a duty of confidentiality to the Discloser; (d) is disclosed without a duty of confidentiality to a third party by, or with the authorization of, Discloser; or (e) is independently developed by Recipient. 5. Discloser warrants that he/she has the right to make the disclosures under this Agreement. 6. This Agreement shall not be construed as creating, conveying, transferring, granting or conferring upon the Recipient any rights, license or authority in or to the information exchanged, except the limited right to use Confidential Information specified in paragraph 2. Furthermore and specifically, no license or conveyance of any intellectual property rights is granted or implied by this Agreement. 7. Neither party has an obligation under this Agreement to purchase any service, goods, or intangibles from the other party. Discloser may, at its sole discretion, using its own information, offer such products and/or services for sale and modify them or discontinue sale at any time. Furthermore, both parties acknowledge and agree that the exchange of information under this Agreement shall not commit or bind either party to any present or future contractual relationship (except as specifically stated herein), nor shall the exchange of information be construed as an inducement to act or not to act in any given manner. 8. Neither party shall be liable to the other in any manner whatsoever for any decisions, obligations, costs or expenses incurred, changes in business practices, plans, organization, products, services, or otherwise, based on either party’s decision to use or rely on any information exchanged under this Agreement. 9. If there is a breach or threatened breach of any provision of this Agreement, it is agreed and understood that Discloser shall have no adequate remedy in money or other damages and accordingly shall be entitled to injunctive relief; provided however, no specification in this Agreement of any particular remedy shall be construed as a waiver or prohibition of any other remedies in the event of a breach or threatened breach of this Agreement. 10. This Agreement states the entire agreement between the parties concerning the disclosure of Confidential Information and supersedes any prior agreements, understandings, or representations with respect thereto. Any addition or modification to this Agreement must be made in writing and signed by authorized representatives of both parties. This Agreement is made under and shall be construed according to the laws of the State of New York, U.S.A. In the event that this agreement is breached, any and all disputes must be settled in a court of competent jurisdiction in the State of New York, U.S.A. 11. If any of the provisions of this Agreement are found to be unenforceable, the remainder shall be enforced as fully as possible and the unenforceable provision(s) shall be deemed modified to the limited extent required to permit enforcement of the Agreement as a whole. WHEREFORE, the parties acknowledge that they have read and understand this Agreement and voluntarily accept the duties and obligations set forth herein.

END-USER LICENSE AGREEMENT FOR uLore Mobile App

IMPORTANT PLEASE READ THE TERMS AND CONDITIONS OF THIS LICENSE AGREEMENT CAREFULLY BEFORE CONTINUING WITH THIS PROGRAM INSTALL: XResults Inc. End-User License Agreement ("EULA") is a legal agreement between you (either an individual or a single entity) and XResults Inc.. for the XResults Inc. ULORE MOBILE APP(s) identified above which may include associated software components, media, printed materials, and "online" or electronic documentation ULORE MOBILE APP. By installing, copying, or otherwise using the ULORE MOBILE APP, you agree to be bound by the terms of this EULA. This license agreement represents the entire agreement concerning the program between you and XResults Inc., (referred to as "licenser"), and it supersedes any prior proposal, representation, or understanding between the parties. If you do not agree to the terms of this EULA, do not install or use the ULORE MOBILE APP. The ULORE MOBILE APP is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The ULORE MOBILE APP is licensed, not sold.

1. GRANT OF LICENSE. The ULORE MOBILE APP is licensed as follows:

(a) Installation and Use. XResults Inc. grants you the right to install and use copies of the ULORE MOBILE APP on your computer running a validly licensed copy of the operating system for which the ULORE MOBILE APP was designed [e.g., iOS, Android, Firefox, Windows Mobile, Blackberry].

(b) Backup Copies. You may also make copies of the ULORE MOBILE APP as may be necessary for backup and archival purposes.

2. DESCRIPTION OF OTHER RIGHTS AND LIMITATIONS.

(a) Maintenance of Copyright Notices. You must not remove or alter any copyright notices on any and all copies of the ULORE MOBILE APP.

(b) Distribution. You may not distribute registered copies of the ULORE MOBILE APP to third parties. Any evaluation versions made available for download from XResults Inc.'s websites may be freely distributed.

(c) Prohibition on Reverse Engineering, Decompilation, and Disassembly. You may not reverse engineer, decompile, or disassemble the ULORE MOBILE APP, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

(d) Rental. You may not rent, lease, or lend the ULORE MOBILE APP.

(e) Support Services. XResults Inc. may provide you with support services related to the ULORE MOBILE APP ("Support Services"). Any supplemental software code provided to you as part of the Support Services shall be considered part of the ULORE MOBILE APP and subject to the terms and conditions of this EULA.

(f) Compliance with Applicable Laws. You must comply with all applicable laws regarding use of the ULORE MOBILE APP.

3. TERMINATION Without prejudice to any other rights, XResults Inc. may terminate this EULA if you fail to comply with the terms and conditions of this EULA. In such event, you must destroy all copies of the ULORE MOBILE APP in your possession.

4. COPYRIGHT All title, including but not limited to copyrights, in and to the ULORE MOBILE APP and any copies thereof are owned by XResults Inc. or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the ULORE MOBILE APP is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties. This EULA grants you no rights to use such content. All rights not expressly granted are reserved by XResults Inc..

5. NO WARRANTIES XResults Inc. expressly disclaims any warranty for the ULORE MOBILE APP. The ULORE MOBILE APP is provided 'As Is' without any express or implied warranty of any kind, including but not limited to any warranties of merchantability, noninfringement, or fitness of a particular purpose. XResults Inc. does not warrant or assume responsibility for the accuracy or completeness of any information, text, graphics, links or other items contained within the ULORE MOBILE APP. XResults Inc. makes no warranties respecting any harm that may be caused by the transmission of a computer virus, worm, time bomb, logic bomb, or other such computer program. XResults Inc. further expressly disclaims any warranty or representation to Authorized Users or to any third party.

6. LIMITATION OF LIABILITY In no event shall XResults Inc. be liable for any damages (including, without limitation, lost profits, business interruption, or lost information) rising out of 'Authorized Users' use of or inability to use the ULORE MOBILE APP, even if XResults Inc. has been advised of the possibility of such damages. In no event will XResults Inc. be liable for loss of data or for indirect, special, incidental, consequential (including lost profit), or other damages based in contract, tort or otherwise. XResults Inc. shall have no liability with respect to the content of the ULORE MOBILE APP or any part thereof, including but not limited to errors or omissions contained therein, libel, infringements of rights of publicity, privacy, trademark rights, business interruption, personal injury, loss of privacy, moral rights or the disclosure of confidential information.

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  uLore it

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  Categories

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  Latest

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  uLore Docs

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  Contribution

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  Track

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  Reading List

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  Group

  Group similar uLores and share them. Ideal for those who want to keep similar information together, uLore groups are perfect for students looking to maintain online notes or enthusiasts with tons of sites and not way to organize them.

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  Unlink

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