PLEASE READ THIS NON-DISCLOSURE AGREEMENT (THE “AGREEMENT”) CAREFULLY.
YOU HAVE INITIATED AN ONLINE PRODUCT EVALUATION PROCESS ON BEHALF OF THE COMPANY OR PERSON (THE “INITIATOR”) SET OUT IN THE ONLINE FORM USED FOR UPLOADING THE INFORMATION (THE “REQUEST FORM”). IN ORDER TO SEND THE REQUEST FORM, YOU MUST FIRST READ THIS AGREEMENT AND INDICATE ITS ACCEPTANCE BY SELECTING THE "ACCEPT" BUTTON ON THE WEBSITE OF THE REQUEST FORM.
If you are entering into this AGREEMENT on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this AGREEMENT.
The Agreement is entered into between the Initiator and Reliefed AB, Company No. 556669-2694 (“Reliefed”) with address Äppelvägen 3, 432 32 Varberg, Sweden and contact information firstname.lastname@example.org.
The Agreement sets out Reliefed’s undertakings with respect to the service and the information disclosed by the Initiator [via the Request Form].
The information in the filled in Request Form is used by Reliefed to perform a [limited product evaluation] (the “Purpose”).
Subject to the limitations set out in Section 1.2, the term “Confidential Information” shall mean information relating to the function and design or projected sales volume of the product to be evaluated and as provided by the Initiator [by sending the filled in Request Form to Reliefed].
1.2 The following shall not constitute Confidential Information: (i) information which is or comes in the public domain other than as a result of a breach of this Agreement; (ii) information which was already in Reliefed’s possession prior to receipt of the information from the Initiator; . (iii) information which has been lawfully disclosed to Reliefed from a source other than the Initiator, having possession of such information without an obligation of confidentiality. (iv) information which is independently developed by Reliefed without use of the Confidential Information.
For the avoidance of doubt, any information not related to the product to be evaluated under to the requested evaluation shall not be deemed Confidential Information hereunder.
Reliefed undertakes to hold all Confidential Information in confidence and shall not, except as hereinafter provided, without the prior written consent of the Initiator, disclose Confidential Information to any third party.
The obligation in Section 2.1 shall not apply to information which Reliefed is required to disclose by law or valid judicial or government order, provided that the Initiator in due time is given notice of such requirement in order for the Initiator to seek to obtain protective order.
Reliefed undertakes not to use Confidential Information for any purpose other than in connection with and for the purpose of carrying out the Purpose.
Reliefed reserves the right to decide in each case and in its sole discretion if Reliefed will perform an evaluation and/or prepare a report of a product evaluation to the Initiator.
This Agreement does not grant any warranty, guarantee, or representation with respect to any information provided by Reliefed TO THE INITIATOR in connection with the product evaluation (including but not limited to the information in any report of such evaluation), or its merchantability or fitness for a particular purpose or function, either expressed or implied. Reliefed shall not be liable in damages of whatever kind as a result of the Initiator’s reliance on or use of the information provided hereunder.
This Agreement shall remain in force for a period of three (3) years from the date of the Request Form.
Any amendment to this Agreement shall be agreed upon in writing and signed by both Parties.
The construction, validity and performance of this Agreement shall, in all respects, be governed by the substantive laws of Sweden.
Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce (the “SCC Institute”). The SCC Institute shall be composed of one arbitrator and the proceedings shall be conducted in the Swedish language. The place of proceedings shall be Gothenburg, Sweden.