Bobst Mex SA

The person attending the virtual demonstration is authorized to legally representing the company as set out in the signing up page (Receiving Party). During the virtual demonstration, the Receiving party might receive confidential information from Bobst Mex SA (Disclosing Party). The Confidential Information is disclosed for evaluation of a business relation regarding the purchase of BOBST machines and/or services (Purpose). The Receiving Party shall not use the Confidential Information, directly or indirectly, for any other purpose.

"Confidential Information" shall mean all knowledge and information which the Receiving Party may acquire from the Disclosing Party, its employees or affiliated companies during the virtual demonstration and may include but is not limited to information regarding: its proprietary products and processes, ingredients, recipes, know-how, business activity, business plans, inventions, designs, methods, systems, improvements, trade secrets, information or data relating to research, development, marketing, finance, customers or purchasing and all other information which may come to the knowledge of the Receiving Party with regard to the business of the Disclosing Party, irrespective of its shape, form or media, and including but not limited to any electronically stored information.

The obligations set forth shall not apply to any portion of the Confidential Information which the Receiving Party can prove with contemporaneous written records: (a) was already known to the Receiving Party prior to any disclosure by the Disclosing Party; or (b) was publicly available prior to any disclosure by the Disclosing Party, or subsequently becomes publicly available through no breach of this undertaking; or (c) was received by the Receiving Party from a third party lawfully in possession of the same and not in breach of any agreement or any confidential relationship with the Disclosing Party; or (d) was independently developed by the Receiving Party, its parent or affiliated companies without reliance upon the Confidential Information of the Disclosing Party.

The Receiving Party agrees that it will hold in confidence all Confidential Information, and will take adequate organizational and technical measures to this purpose. Confidential Information shall be disclosed by the Receiving Party only to those of its employees, consultants, agents, representatives and affiliated companies, if any, who need to know such Confidential Information for the Purpose, who have been informed of the confidential nature of such information, and who are obligated under agreement to keep such information in confidence. The Receiving Party shall be responsible for any breach of confidence caused by the acts or omissions of such employees, consultants, agents, representatives and affiliated companies. 

Confidential Information shall remain the property of the Disclosing Party. Nothing in this undertaking will be construed to convey to the Receiving Party any right, title, or interest in any Confidential Information, and no license is granted or implied by either party to the other under any patent, design, copyright, trademark, data or knowhow, any application for any of the forgoing, or any trade name or trade secret.

This undertaking covers all confidential information disclosed during the virtual demonstration and recordings thereof. The obligations regarding confidentiality remain in effect permanently unless the Receiving Party can demonstrate that the Confidential Information has become publicly available.

For all further discussions, a separate Non-Disclosure Agreement has to be signed between the parties. 

This undertaking is covered by and interpreted according to the laws of Switzerland. Any dispute which cannot be resolved amicably shall be decided exclusively by the competent courts of Switzerland.