Non disclosure agreement

To evaluate and possibly get into a commercial negotiation (“Agreement"), IBS Moulding Srl Società Benefit, for itself, for its associates, for its affiliates and other parties identified below, agree and accept the following:

1. The obligation of confidentiality will come into effect on the date of signing and acceptance of this agreement by the person identified below.
2. The party ("Disclosing Party") may disclose to the other party ("Receiving Party") relevant information that is considered confidential ("Confidential Information").
3. The Receiving Party may use Confidential Information for the sole purpose of developing and proposing solutions regarding the agreement. The Receiving Party must use a reasonable degree of care, in compliance with the legislation for the processing of personal data in force, to protect the Confidential Information and prevent any unauthorized use or disclosure of Confidential Information. The Receiving Party may share Confidential Information with its employees, directors, agents or suppliers who have a need to know and are bound to the Receiving Party by a prior written agreement that obliges them to maintain the confidentiality of the information.
4. Confidential Information does not include information that:
   • Recipient knew without restriction prior to receipt from the Discloser.
   • Is publicly disseminated and available through no fault of the Receiving Party;
   • Was received in a proper and lawful manner from a third party without an obligation of confidentiality;
   • Was independently obtained and developed by the receiving recipient.
   A party may disclose Confidential Information when compelled by law if it provides reasonable and reasoned prior notification with the necessary advance notice to the other party, unless there is a provision of the Judicial or administrative Authority that establishes that notification to the other party is not required.
5. Either party may terminate this Agreement upon thirty days' written notice, but the provisions of this Agreement shall survive such time as the Confidential Information may be disclosed or disclosed because it has become public knowledge or for other legitimate reasons.
6. Unless the parties have other written agreements, the Recipient shall nevertheless have the obligation to protect the Confidential Information until the expiration of five years from receipt thereof.
7. This Agreement does not impose any obligation to proceed with any commercial dealings.
8. Neither party acquires any intellectual property rights under this Agreement, other than limited rights to use the Confidential Information necessary for the purposes of the Agreement.
9. This Agreement does not create any partnership or other contractual arrangement. This Agreement is not assignable or transferable by either party without the prior written consent of the other party.
10. This Agreement supersedes any prior or contemporaneous agreements and constitutes the entire body of the obligations of the Parties with respect to confidentiality of information.
11. Any amendments must be in writing. Failure to enforce any provision of this agreement does not constitute a waiver of any provision of this agreement.
12. This agreement is governed by Italian law. The exclusive jurisdiction for any disputes relating to this agreement is Como, Italy.