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chore(LICENSE): Update spaces
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geido committed Aug 23, 2024
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Expand Up @@ -33,10 +33,8 @@ For the avoidance of doubt, Preset is not granted any right, title or interest i

For purposes of this Agreement, Confidential Information includes innovations, any information, knowledge or data of either party which the other party and its employees may access or receive relating to the SDK, its documentation, computer programs, accounting methods, marketing techniques, customer names, negotiated customer fee information, financial information, marketing plans, product plans, product or services roadmaps, business strategies, forecasts, personnel information, customer lists, trade secrets and any other nonpublic technical or business information, whether in writing, given to the recipient orally or in any other way communicated or provided to the recipient, including any Customer Data, documentation, data or information used and/or uploaded by Customer or its Users to the SDK or Dashboard, which the recipient knows or has reason to know that discloser would like to treat as confidential for any purpose, such as maintaining a competitive advantage or avoiding undesirable publicity. The SDK and any related nonpublic documentation shall remain the Confidential Information of Preset at all times. Any nonpublic Customer Data remains the Confidential Information of Customer or Customer’s Users. Neither party as the recipient shall disclose any Confidential Information of the disclosing party without the prior written consent of the disclosing party, and neither party shall use any Confidential Information of the disclosing party, except that Customer as recipient has the right to properly use the license granted under this Agreement, and Preset as recipient can use Customer’s Confidential Information only to the extent necessary to provide and enhance the SDK and other services, or assist Users (in Preset’s discretion) of the license Customer has obtained under this Agreement.


All Confidential Information of the discloser shall be protected from disclosure by the recipient using the standard of care recipient uses with its most valuable confidential information, and at least a commercially reasonable standard of care; and (ii) no Confidential Information of the discloser shall be used for any purpose other than that for which it has been disclosed, and shall not be used for the benefit of recipient or any third party except as permitted by the license to use the SDK and/or by this Agreement. Confidential Information does not include information that: (a) is in the public domain through no fault of the recipient; (b) was known to recipient prior to disclosure by the discloser without breach of an obligation to discloser, as can be demonstrated by documentary evidence; (c) was disclosed to recipient by a third party not known by recipient to be under a confidentiality obligation to discloser; (d) was independently developed by recipient without use of Confidential Information of discloser. If required by law or any tribunal or governmental order, recipient can disclose Confidential Information of discloser, but recipient first shall give discloser the opportunity to oppose or limit such disclosure, and shall never disclose more than recipient is required to disclose.


Preset hereby undertakes to ensure that its partners, affiliates, officers, directors, employees, agents or other representatives that have access to, or in any way receives Confidential Information under this Agreement, and/or any subcontractors engaged by Preset for the performance of its obligations under this Agreement, are bound by confidentiality undertakings no less restrictive than the provisions of this Section 6. This Section 6 shall survive the termination and/or expiration of this Agreement.

6. YOUR FEEDBACK
Expand All @@ -59,7 +57,6 @@ THE ABOVE LIMITATIONS OF LIABILITY SHALL NOT APPLY TO EITHER PARTY’S GROSS NEG

Either party can terminate this Agreement for breach by the other party, by giving written notice to the other party and a 30-day period to cure the breach, if the breach is capable of cure. Customer can terminate Customer’s license of the SDK at any time for convenience also. Upon termination, Customer shall promptly delete from its system and destroy the SDK and any ability to access it, as well as all Confidential Information from Preset, from any app or other storage device where it has been downloaded, stored, installed or used (and provide an officer’s certificate attesting to this promptly, if Preset requests one).


Any and all Confidential Information, Customer Data and copies thereof shall be promptly returned or destroyed by Preset, at its own cost, upon termination or expiration of this Agreement. Notwithstanding the foregoing, Preset shall have the right to retain copies of Confidential Information to the extent (i) required to comply with legal requirements; or (ii) stored on routine back-up media solely for the purpose of disaster recovery, provided that such information is deleted or destroyed in due course and that employees are precluded from accessing such Confidential Information in the ordinary course of business prior to destruction.

10. EXPORT RESTRICTIONS
Expand All @@ -74,7 +71,6 @@ This Agreement shall be governed exclusively by the laws of the State of Califor

Nothing in this Agreement shall be interpreted or construed as creating or establishing any partnership, joint venture, employment relationship, franchise or agency or any other similar relationship between Customer and Preset or any of its agents and employees.


In addition to the foregoing obligations, Customer and as applicable, its Users, take full responsibility to manage their own system security and access to the SDK and related Dashboard(s), and in particular have the following obligations: (1) understanding and complying with this Agreement, the Order Form and any other contractual obligations with Preset; (2) notifying Preset of changes made to technical or administrative contact information; (3) maintaining their own system(s) of record; (4) ensuring the supervision, management, and control of the use of the SDK by their Users; (5) independently backing up all Customer Data and PII, and developing Customer’s own disaster recovery and business continuity plans that address the inability to access or utilize the SDK and any other Preset services;; and (6) immediately (in no more than 48 hours) notifying Preset of any actual or suspected information security breaches, including those used for integrations and secure file transfers.

13. PUBLICITY
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