Confidentiality agreement#

Preamble#

The following confidentiality agreement of Helm & Nagel GmbH (HN) shall apply to all contracts with customers. The manufacturer and the customer are also referred to in the following as party or parties.

Scope#

  1. The parties undertake to treat as confidential all information made available in the course of the execution of a contractual relationship.

  2. The parties undertake to instruct their personnel accordingly and to oblige them to comply with the agreement. and to obligate them to comply with the agreement separately in text form.

  3. The parties undertake not to disclose information to be kept secret to third parties. No third parties are to be entered into with the customer within the meaning of § 271 HGB (German Commercial Code), §§ 15 ff. AktG (German Stock Corporation Act) or the respective applicable applicable corporate law provisions, provided that they have been obligated to maintain confidentiality. confidentiality.

  4. Excluded from this is information which is publicly known without the recipient’s intervention or which has become publicly known after the conclusion of this agreement. of this agreement; was already known to the recipient prior to the commencement of the business relationship, without this information being relationship without this information being subject to any other confidentiality obligation; is disclosed to the recipient by a third party without has been made known to the Recipient by a third party without a breach of a confidentiality obligation; or has been disclosed by the developed independently by the recipient without the use of confidential information.

  5. The customer is obliged to keep confidential all knowledge of data security measures of HN obtained within the scope of the contractual relationship. data security measures of HN confidentially. This obligation remains in force even after termination of this contract.

  6. The customer shall treat as strictly confidential all information made accessible to him in the course of the execution of this contractual relationship and which goes beyond the purely external appearance of the software as well as the mere the mere listing of the scope of functions. This applies in particular to information about methods and methods and procedures used by HN as well as information concerning the software. The customer is furthermore obliged to maintain secrecy vis-à-vis third parties, also by his employees, in particular to prevent unauthorised access to the software by third third parties to the software and related information by taking suitable precautions.

  7. The parties undertake to notify each other immediately upon becoming aware of a breach of the agreed secrecy obligations. confidentiality obligations and to provide all reasonable assistance in connection with all proceedings in this connection. in connection therewith.

  8. At the end of the contractual relationship, the parties shall, without being asked to do so, return all confidential information provided or destroy/delete such information. information provided or destroy/delete it in accordance with data protection regulations and provide each other with a written certificate of written certificate upon request.

  9. Should a court or an authority demand the disclosure of confidential information from a party, the affected party, in the course of a proceeding, the parties shall be obliged to do so. party, the affected party shall inform the other party without delay in order to give the other party the opportunity to disclose confidential information. party to give the other party the opportunity to seek appropriate remedies or take other protective measures. take other protective measures. Upon request, the affected party shall assist the other party in taking such action. assist the other party in such action. If such measures are waived or are unsuccessful, the affected Party may disclose Confidential Information without breach of this Agreement. Such disclosure shall be made only to the extent extent required by law, and the Covered Party shall use its best efforts to maintain the confidentiality of the information to be disclosed.

  10. The obligation of confidentiality shall continue beyond the duration of the Agreement until twelve months after the effective effective termination date of the contract.