AGREEMENT (N.D.A)
I. ACCEPTANCE
In this document (hereinafter, the “Agreement”) the terms and conditions of Manuel Gómez Medina are established, as a self-employed person and as inventor of the “Basic Wooden Urn (UBM)”, residing at C / Sagunto, 106, pta 7, Valencia, CP 46009 and with tax identification number 74509673-T (hereinafter, the “Discloser”), which will be applicable to the access and use by the User of this website.
By accessing, consulting or using the website, the User agrees to comply with the terms and conditions established in this Agreement. If you do not agree to be bound by these terms and conditions, you will not be able to access or use the website.
The User declares with the sufficient capacity and legitimacy to contract and be bound.
II. DEFINITIONS
The User will receive strictly confidential information that is the property of the Discloser, related to his invention “Basic wooden urn (UBM)”.
In this Agreement we will refer to the following terms:
“Parties” jointly designate the User and the Discloser.
“Project” designates the commercial collaboration that the Parties are going to develop for the sale of the “Basic wooden urn (UBM)”, an invention whose ownership corresponds to the Discloser and which is in the registration phase at the Spanish Patent and Trademark Office. (OEPM) with application number of the Utility Model 202131855 and filing date of September 19, 2021, for which it enjoys by virtue of article 67.2 of Law 24/2015 on Patents provisional protection over said invention. For this, the Discloser will provide strictly confidential information to the User through the website that is protected by the Industrial Property and Unfair Competition legislation.
“Reserved Information” implies all the information related to the Discloser, which is provided by it, its advisors, employees, directors, its partners or their representatives, both orally and in writing, as well as through the website and any other type. of information and documentation received or prepared by any person related to the Discloser in this Project.
“Authorized Persons” are partners, employees, directors, consultants, advisers, potential clients, lawyers, entities or any natural or legal person that advises the User or to whom the Reserved Information is communicated, whenever they have a need to know the information in relation to the Project.
The Authorized Persons to whom all or part of the Reserved Information is distributed or disclosed will be subject to the obligation of confidentiality in terms substantially identical to those imposed on the User in this Agreement.
II. TERMS
• In relation to the Reserved Information that the Discloser provides to the User, the latter agrees to the terms of this Agreement and in a particular way guarantees that:
• It will keep the Reserved Information strictly confidential and it will not be distributed or disclosed to any person, with the exception of Authorized Persons.
• Refrain from copying the invention “Basic wooden urn (UBM)” protected by Industrial Property legislation.
• It will inform any third party that should know it of the duty of confidentiality that binds it by virtue of this Agreement and of the protection enjoyed by the “Basic Wooden Urn (UBM)” granted by its registration as a utility model, ensuring compliance with the duty of confidentiality as if the Reserved Information were your own.
• The Reserved Information will be used exclusively for the purposes of the Project. In this sense, it will not be used to carry out any other type of activity or to promote situations that harm the Discloser.
• It will adopt those security measures necessary to ensure compliance with this Agreement, including the destruction and / or return of the Reserved Information once the Project is completed.
• The obligations derived from this Agreement will not fall on the information:
• That it was already known by the User or is publicly known without breach of the obligations established in this Agreement.
• That it is expressly excepted by the Discloser.
• Of which its communication is required for compliance with the Law, a judicial provision, an administrative requirement or any similar.
• The Parties agree that, as of the date of acceptance, this Agreement will be in force indefinitely with respect to all present and future information on the Project.
• In the event of a failure or cancellation of the negotiation and / or collaboration in the Project that the Parties intend to develop, and for which this Agreement is reached, the Parties agree not to release the Parties from the obligation of confidentiality.
• The User will assume the responsibility that may arise from the infringement on their part of any of the terms of this Agreement, and will also be liable for any breach of third parties who have had knowledge of the Project through the User and that result in the use , copy, disclosure or unauthorized disclosure of the Reserved Information, indemnifying the Discloser for all damages that any competent court may determine as a result of said action.
• Any modification of this Agreement must be previously agreed in writing by both Parties, and explicit reference must be made to this Agreement in the new document.
• Neither party may assign its rights and obligations derived from this Agreement without the prior written consent of the other. The automatic subrogation of the mercantile of which the Discloser will be a partner for the development of the “Basic Wooden Urn (UBM) will be exempted from this provision, as long as the mercantile is legally constituted.
• The intellectual and industrial property rights and on the business secrets of the Reserved Information belong to the Discloser without the fact of disclosing it to the User within the framework of the Project implying, explicitly or implicitly, a license or assignment of all or part of the Information Reserved.
• The disclosure of the Reserved Information object of this Agreement does not imply the resignation of the Discloser of the protection of said Reserved Information through intellectual property rights, industrial, business secrets or unfair competition.
• If there is the case that one or more clauses are voidable or null by right or ineffective, they will be considered not put, maintaining the rest of the contract with binding force between the Parties.
• The Parties declare that they comply with current regulations regarding the protection of personal data and, in particular, with the security measures contained in Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 relating to the protection of natural persons with regard to the processing of personal data and the free circulation of these data and by which Directive 95/46 / EC (General Data Protection Regulation), whose application was made, is repealed effective May 25, 2018.
• The obligation of confidentiality will be governed by Spanish law, with submission for the resolution of conflicts, expressly waiving any other jurisdiction that may correspond to us, to the Courts and Tribunals of Valencia.
The Parties accept the foregoing by accepting the User the conditions of use stipulated in this document.
