The Hilscher Gesellschaft für Systemautomation mbH, Rheinstrasse 15, 65795 Hattersheim, Germany (hereinafter referred to as “HILSCHER”) explicitly acknowledges that Customer's information can contain secret information and business secrets. Hilscher agrees to treat all such information and rights provided by Customer (hereinafter referred to as “Disclosing Party”) as confidential in accordance with the provisions of this agreement.
Hilscher will take reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized to have any such information. You are reminded that the transmission of data on the internet is not encrypted. The data will also be stored unencrypted on our server.
Such Confidential Information shall not include information which:
(i) was lawfully in the possession of Hilscher prior to receiving it from the Disclosing Party; or
(ii) is in the public domain at the time of disclosure or becomes part of the public domain through no fault of Hilscher; or
(iii) is independently developed by Hilscher without reference, directly or indirectly to the Confidential Information and without breach of this Agreement; or
(iv) is obtained in good faith from a third party not under any obligation of confidentiality to the Disclosing Party; or
(v) is transmitted by a Disclosing Party after receiving notification in writing from Hilscher that it does not desire to receive any further Confidential Information, or
(vi) is furnished to a third party by the Disclosing Party without similar restrictions on such third party’s rights.
Notwithstanding the exclusions under this section, Hilscher agree not to disclose or confirm to third parties, except with the prior written consent of the Disclosing Party, the subject matter of the Purpose of Disclosure.
2. CHOICE OF RIGHTS AND COURT OF JURISDICTION
The validity, interpretation and performance of this Agreement shall be governed by and construed in accordance with the law of the Federal Republic of Germany. Insofar the law refers to any other legal order, these References are explicit excluded as well as the United Nations Convention on Contracts for the International Sale of Goods (CISG). The exclusive court of jurisdiction is Frankfurt/Main.
HILSCHER Gesellschaft für Systemautomation mbH