TigoMaster 2TH
– EtherNet/IP
User Manual
Copyright © 2021 CoreTigo Ltd.
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Information at least the same level of protection that it affords its own information of similar importance)
to prevent the disclosure of such Confidential Information to third parties. In addition, Receiving Party
will limit its disclosure of the Confidential Information to employees and consultants with a “need to
know” and only in the context of such employees’ and consultants' fulfillment of their duties under this
Agreement, and further provided that such employees and consultants are engaged in a confidentiality
agreement with the Receiving Party with terms and conditions similar to the confidentiality terms under
this Agreement and that Receiving Party shall remain liable for any breach of the terms herein by any
of its employees and consultants. The provisions of this paragraph shall survive termination or
expiration of this Agreement, for any reason whatsoever.
It is agreed that the following shall not be considered Confidential Information: (i) information that is already
known to the Receiving Party at the time of disclosure, as such may be evidenced in the Receiving
Party’s
written records; (ii) information that is or becomes known to the general public through no act or omission
of the Receiving Party in breach of this Agreement; (iii) information that is disclosed to the Receiving Party
by a third party who is not in breach of an obligation of confidentiality; or (iv) information that was or is
independently developed by the Receiving Party without use of any of the Confidential Information, as such
may be evidenced in the Receiving
Party’s written records.
It is further agreed that the Receiving Party may disclose any information pursuant to a court order, provided
the Receiving Party notifies the Disclosing Party of such order and uses reasonable efforts to limit such
disclosure only to the extent required. For avoidance of doubt, the source code of the Product constitutes
Confidential Information of CoreTigo.
16. Injunctive Relief.
Each party agrees that the wrongful disclosure of Confidential Information may cause
irreparable injury that is inadequately compensable in monetary damages. Accordingly, and
notwithstanding Section 18 below, either party may seek injunctive relief in any court of competent
jurisdiction for the breach or threatened breach of this Section in addition to any other remedies in law
or equity.
17. Term and Termination.
17.1.
This Agreement shall become valid on the Effective Date and shall remain in effect until
completion of the Evaluation Period, unless earlier terminated as provided below.
17.2.
Either party shall have the right to terminate this Agreement upon 7 days’ prior written
notice to the other party.
17.3.
The license granted for the Evaluation shall terminate immediately upon written notice from
CoreTigo in the event of Company’s use of the Product for purposes other than the Evaluation
and/or any other failure of Company to comply with any provision of this Agreement.
17.4.
Upon the earlier of expiration or termination of this Agreement: (i) the license granted
hereunder shall immediately terminat
e; (ii) Company shall return or, at Company’s request, the
Product and all of CoreTigo’s Confidential Information to CoreTigo and shall destroy all copies of
the Product contained in any of its systems, and (iii) CoreTigo shall erase or otherwise destroy all
copies of the Company’s Confidential Information, which was disclosed to CoreTigo under this
Agreement. Upon request of either party, the other party shall certify in writing to the other its
compliance with the terms of this Section 17.4.
