1. SUBSCRIBERS AND END/USERS ARE BOUND BY PROFESSIONAL SECRECY AND THE OBLIGATION OF CONFIDENTIALITY IN ALL MATTERS RELATING TO FACTS,
INFORMATION, STUDIES AND DECISIONS KNOWN TO THEM OR TO THEIR IR PERSONNEL DURING THE USE OF THE SOFTWARE.
2. THE SUBSCRIBER AND END/USER SHALL NOT DISCLOSE TO ANY THIRD PARTY AND SHALL KEEP CONFIDENTIAL, ALL DETAILS ABOUT THE SOFTWARE,
INCLUDING BUT NOT LIMITED TO THE SOFTWARE SPECIFICATIONS, BUSINESS STRATEGIES, AND TECHNICAL INFORMATION WHICH MAY COME TO
THE KNOWLEDGE OF THE SUBSCRIBER AND END-USER IN THE COURSE OF USING THE SOFTWARE.
3. ALL BUSINESS, CLIENT, COMMERCIAL, SCIENTIFIC, OR TECHNICAL INFORMATION OBTAINED BY THE SUBSCRIBERS AND END/USERS
OR DISCLOSED TO THE SUBSCRIBERS AND END-USERS BY THE DEVELOPERS AND/OR BY OWNERS OF HATHOR-COAST
SOFTWARE TO THE SUBSCRIBER END-USER DURING THE PERIOD OF USING THE SOFTWARE SHALL BE REGARDED AS
CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO THIRD PARTIES, OR USED FOR ANY PURPOSE OTHER THAN THAT
FOR WHICH IT WAS DISCLOSED, WITHOUT THE PRIOR WRITTEN CONSENT OF HATHOR-COAST LIMITED UNLESS
EXPRESSLY STATED OTHERWISE IN WRITING BY HATHOR-COAST LIMITED; PROVIDED THAT SUCH INFORMATION SHALL NOT BE REGARDED AS CONFIDENTIAL IF:
a. IT CAN BE SHOWN THAT SUCH INFORMATION WAS IN THE POSSESSION OF, OR KNOWN TO THE SUBSCRIBER AND END-USER PRIOR TO DISCLOSURE THEREOF BY
HATHOR-COAST LIMITED OTHER THAN PURSUANT TO A BREACH BY THE SUBSCRIBER AND END-USER OF ITS CONFIDENTIALITY OBLIGATIONS.
b. IT IS OR BECOMES PUBLICLY KNOWN OTHERWISE THAN PURSUANT TO A BREACH OF THE SUBSCRIBER’S OR END-USER’S OBLIGATIONS.; OR
c. THE SUBSCRIBER AND END-USER IS REQUIRED, PURSUANT TO THE ORDER OF A COURT OF COMPETENT JURISDICTION OR THE RULES
OF ANY RECOGNIZED AUTHORIZED BODY, TO DISCLOSE SUCH INFORMATION, SUBJECT TO THE SUBSCRIBER OR END-USER HAVING
GIVEN PRIOR WRITTEN NOTICE, IN SUFFICIENT TIME FOR HATHOR-COAST LIMITED TO TAKE ANY NECESSARY STEPS TO PROTECT ITS CONFIDENTIAL INFORMATION.
4. ALL INFORMATION OBTAINED BY THE SUBSCRIBER AND END-USER DURING THE PERIOD OF THE USE OF THE SOFTWARE SHALL BE TREATED AS
CONFIDENTIAL AND SHALL NOT BE DIVULGED OR PERMITTED TO BE DIVULGED TO ANY THIRD PARTY WITHOUT THE PRIOR WRITTEN CONSENT OF HATHOR-COAST LIMITED.
5. HATHOR-COAST LIMITED MAY COLLECT DATA FROM THE SUBSCRIBER’S OR END-USER’S USE OF THE SOFTWARE, HOWEVER, HATHOR-COAST LIMITED SHALL KEEP CONFIDENTIAL ALL INFORMATION, DATA, AND MATERIALS PROVIDED BY THE SUBSCRIBER OR END-USER IN PURSUANCE OF THE USE OF THE SOFTWARE BY THE SUBSCRIBER/END-USER.
6. HATHOR COAST LIMITED SHALL COMPLY WITH APPLICABLE DATA PROTECTION LAWS AND REGULATIONS.
7. HATHOR-COAST LIMITED SHALL USE REASONABLE EFFORTS TO ENSURE THE SECURITY AND INTEGRITY OF THE SOFTWARE.
8. SUBSCRIBERS/END-USERS RETAIN OWNERSHIP OF ALL DATA, INFORMATION, AND MATERIALS PROVIDED BY THEM IN THE COURSE OF USING THE SOFTWARE
9. WHERE THERE IS A BREACH OF ANY OF THE PRIVACY/CONFIDENTIALITY CLAUSE CONTAINED HEREIN, RESULTING TO IRREPARABLE AND CONTINUING
DAMAGE TO HATHOR-COAST LIMITED FOR WHICH THERE WILL BE NO ADEQUATE REMEDY AT LAW, HATHOR-COAST LIMITED SHALL BE ENTITLED TO INJUNCTIVE
RELIEF AND/OR A DECREE FOR SPECIFIC PERFORMANCE, AND SUCH OTHER RELIEF AS MAY BE PROPER (INCLUDING MONETARY DAMAGES).
10. THE PROVISIONS OF PRIVACY/CONFIDENTIALITY CLAUSE SHALL REMAIN VALID AND ENFORCEABLE AFTER THE TERMINATION OF THE USE OF THIS
SOFTWARE BY THE SUBSCRIBER/END-USER
