Agreement to Our Legal Terms
These Legal Terms constitute a legally binding agreement made between you, on behalf of an entity (you), and SAMTECH, concerning your access to and use of our Services. You agree that by accessing our Services, you have read, understood, and agreed to be bound by all of these Legal Terms. If you do not agree with all the legal terms, then you are prohibited from using the services.
1. Confidential Information
a. For purposes of this Agreement, “Confidential Information” means and includes all information or material that has or could have commercial value or other utility in the business in which Parties are engaged and any data or information that is proprietary to the Parties and not generally known to the public, whether in tangible or intangible form, whenever and however disclosed, including, but not limited to:
- Any Trade Secrets, Proprietary documents, business plans, process, structure or practices;
- Any marketing strategies, plans, financial information, or projections; operations, sales estimates, business plans and performance results relating to the past, present or future business activities of such party, its affiliates, subsidiaries and affiliated companies;
- Any information related to the cost of project execution or delivery of service;
- Plans for products or services, and client or partner lists;
- Any algorithm, software, design, process, procedure, formula, source code, object code, flow charts, databases, improvement, technology or method;
- Any concepts, reports, data, know-how, works-in-progress, designs, development tools, specifications;
- Any invoices, bills, e-mail communications, mobile text communications, and any other communication related to the projects, products or services undertaken by either of the Parties for the other Party or on behalf of the other Party or its vendors;
- Any other information that should reasonably be recognized as confidential information of the other Party.
b. Confidential Information need not be novel, unique, patentable, copyrightable or constitute a trade secret in order to be designated Confidential Information. The Parties acknowledge that the Confidential Information is proprietary to the other Party, has been developed and obtained through great efforts by the Party and that Parties regard all of their Confidential Information as trade secrets.
c. The Parties shall use the Confidential Information solely for and in connection with the Purpose.
2. Non-Disclosure
- The Parties shall use the Confidential Information only for the Purpose and not disclose any or part or summary or extract of the Confidential Information to any third party, including third parties affiliated with the other Party, without that Party’s prior written consent, which prior consent the Party may refuse to give without assigning any reasons.
- The Parties shall hold and keep in strictest confidence any and all Confidential Information and shall treat the Confidential Information with at least the same degree of care and protection as it would treat its own Confidential Information.
- Either Party shall not copy or reproduce in any way (including without limitation, store in any computer or electronic system) any Confidential Information or any documents containing Confidential Information without the Party’s prior written consent. The Party shall immediately upon request by the other Party deliver to the Party owning the Confidential Information that has been disclosed to the other Party, including all copies (if any) made in terms of these.
- Either Party shall not commercially/non-commercially use or disclose any Confidential Information or any materials derived therefrom to any other person or entity other than persons in the direct employment of the other Party who have a need to have access to and knowledge of the Confidential Information solely for the Purpose as defined above, and such persons are under similar obligation of confidentiality and non-disclosure as these presents. In the event that any employees, agents or affiliates of either Party disclose or cause to be disclosed the Confidential Information, that Party shall be liable for such disclosure.
- The Parties may not disclose Confidential Information to any third party under any circumstances regardless of whether the third party has executed a Non-Disclosure Agreement with the Party.
3. Content and Proprietary Rights
- Notwithstanding the disclosure of any Confidential Information by one Party to the other Party, the original Party shall retain title and all intellectual property and proprietary rights in the Confidential Information.
- No license under any trademark, patent or copyright, or application for same, which are now or thereafter may be obtained by the one Party is either granted or implied by the conveying of Confidential Information, to the other Party.
- Neither Party shall conceal, alter, obliterate, mutilate, deface or otherwise interfere with any trademark, trademark notice, copyright notice, confidentiality notice or any notice of any other proprietary right of the other Party on any copy of the Confidential Information, and shall reproduce any such mark or notice on all copies of such Confidential Information.
- Likewise, the other Party shall not add or emboss its own or any other any mark, symbol or logo on such Confidential Information.
- We take great care in preparing the content of our website. However, Samtech does not accept liability for the accuracy and completeness of the content on our website or for it being up to date. The content serves solely to provide information. It does not provide binding offers.
4. Return of Confidential Information
Upon written demand of Samtech, the user shall:
- Cease using the Confidential Information of Samtech.
- Return the Confidential Information and all copies, abstract, extracts, samples, notes or modules thereof to the Party that makes such demand, within seven (7) days after receipt of notice and
- Upon such return, certify in writing that the other Party has complied with the obligations set forth in this paragraph.
5. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of India. Each party hereby irrevocably submits to the exclusive jurisdiction of the courts of Nashik jurisdiction of India, for the adjudication of any dispute hereunder or in connection herewith.
6. Trademark and Copyrights
The trademarks and logos shown on these pages are the property of Samtech. In showing them on these pages Samtech is not granting a license to use the trademarks and logos. They may not be used without Samtech’s express written consent. None of the content provided by Samtech on these pages may be reproduced, edited, distributed or realized in any way without the written consent of the author. This website may only be downloaded and/or copied for private, non-commercial use.
Content of third parties which has not been produced by Brose is indicated as such. If we become aware of any breaches of the law, we will remove the offending link immediately.