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This agreement (herein "Agreement") is between
Patentest Inc tax ID 74-3236858 from 165 Halite Dr Alpharetta, GA(And in case of a Non-US residents the local partner)
the receiving party (herein "the Company")
John Smith from 1 Broadway Ave., Springfield Ohio ,USA
the Disclosing party (herein "the Customer")
2. BACKGROUND AND PURPOSE OF DISCLOSURE
The Customer is filing a patent search request with the Company. The request, reference number PTID12345, includes valuable confidential and proprietary information.
3. DESCRIPTION OF CONFIDENTIAL INFORMATION
Confidential Information is all confidential information identified in written or oral format by the Customer to the Company.
The provisions in this Agreement shall not apply to any information (i) which is in the public domain at the time of disclosure to the Company or which thereafter enters the public domain through no action or inaction by the Company or its employees; or (ii) which the Company can establish and document was in the possession of or known by the Company prior to its receipt from the Disclosing party; (iii) which is rightfully disclosed to the Company from a source other than the Disclosing Party without any obligation of confidentiality; (iv) which the Receiving party can establish was independently developed by the Receiving Party; or (v)is approved for release by written authorization of the Customer.
4. AGREEMENT TO MAINTAIN CONFIDENTIALITY
The Company agrees to hold any confidential information disclosed to it in confidence, to cause its employees, agents, or other third parties to hold such confidential information in confidence, and to use the same standard of care used to protect its own proprietary and confidential information in protecting the confidential information. The Company shall not disclose confidential information to others or use it for purposes other than performing the services which the Customer requested.
5. EFFECTIVE DATE AND LENGTH OF OBLIGATION
This Agreement is effective as of December 13, 2019. The Company obligation of confidentiality and non-use of confidential information hereunder shall last for ten (10) years.
6. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia (GA), USA. The Customer hereby submits and consent to the jurisdiction of the state courts of Georgia (GA) and to the federal courts of the USA for purposes of any legal action arising out of this agreement.
This Agreement shall be governed by and construed in accordance with the laws of Sweden. The Customer hereby submit and consent to the jurisdiction of the courts of Sweden for purposes of any legal action arising out of this agreement.
This Agreement supersedes all previous agreements between the Customer and the Company regarding the confidential information and cannot be canceled, assigned, or modified without the prior written consent of both the Customer and the Company.
8. DAMAGES AND LIABILITY
The Company will do everything possible to keep confidential information safe and prevent any misuse, disclosure, or publication of this information. The Company is not liable for any damages caused to the customer in the event of confidentiality breach and disclosure of the confidential information. In case a court finds the Company liable for a confidentiality breach, the Customer agrees that his and any other third party damages shell not exceed ten (10) times the total amount he paid the Company.