THIS MUTUAL NONDISCLOSURE AGREEMENT (this “Agreement”) is entered into and effective as of the date of the last signature below (the “Effective Date”), between:
a. Viral Octopus Limited, having an address in Viral Octopus Hong Kong
b. having an address in
Individually referred to also as the “party” and jointly as the “parties”.
(i) will not disclose the Confidential Information to any third party; (ii) will not disclose the Confidential Information to its employees or professional consultants unless the employees or professional consultants have a need to know the Confidential Information for the Purpose; and (iii) will use the Confidential Information only for the Purpose and will not use it for any third party’s benefit. The receiving party will use the same degree of care to protect the Confidential Information from unauthorized use or disclosure as it would use to protect its own information of a similar nature, but in no event with less than reasonable care. The professionals business consultants employed by the receiving party will remain personally responsible towards the disclosing party and in no case the receiving party will be held accountable. The receiving party’s obligations under this Agreement with respect to particular information do not apply to the extent that: (i) the disclosing party authorizes the receiving party in writing to disclose such information; (ii) the receiving party knows such information at the time of disclosure by the disclosing party, free of any obligation to keep it confidential, as evidenced by written records; (iii) such information is or becomes generally known in the relevant industry without fault of the receiving party; (iv) the receiving party independently develops such information without access to or use of the Confidential Information, as evidenced by written records; or (v) the receiving party rightfully obtains such information from a third party who has the right to disclose it without violation of any confidentiality obligations. However, even if certain information is already known, the disclosing party’s use of it (including the fact of the party’s use and the manner and results of use) may not be and thus would be considered to be Confidential Information. If the receiving party is subject to judicial or governmental proceedings requiring disclosure of particular Confidential Information, then, prior to disclosing any such Confidential Information, the receiving party will provide the disclosing party with reasonable prior notice and will obtain, or provide the disclosing party with an opportunity to obtain, a protective order or confidential treatment of the Confidential Information.
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Signed by Pietro Bonomo
Signed On: April 17, 2019
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Document Name: Giggers Contract
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