Each party undertakes not to disclose to any third party any information, including the CLIENT’s Content and other information provided by the CLIENT to the CONTRACTOR, obtained from another party, which is designated as proprietary or confidential or which, by its nature, is it is clearly clear that they must be considered confidential or proprietary, except that the CONTRACTOR may access, disclose and share this Confidential Information of the CLIENT and its End Users to the extent necessary for the provision of the contracted hourly services. Each party agrees that it must use the same degree of zeal that it uses to protect its own confidential information of a similar nature to protect confidentiality and prevent the disclosure or use of Confidential Information, in order to prevent it from becoming public domain or information. possession of third parties, other than persons authorized under this Agreement to have any of this information. The confidentiality obligation in this clause does not apply to information that the recipient can demonstrate that he or she has otherwise known, that is not provided under this Agreement or obtained from the other party, and information that is in the public domain. In addition, confidential information may be disclosed to the extent that disclosure is necessary to allow compliance by applicable law with a court decision or to comply with the requirements of government agencies or third parties, the disclosure of which is determined by the aforementioned. part, but only after first notifying the other part of the disclosure requirement, unless this notification is prohibited. The CONTRACTOR collects the information provided by users to perform the registrations on their servers. The data collected is the information inherent to the company and users, which will be used strictly for the purpose of registering on its servers and issuing a contract.
Liability Restrictions
Through this, the CLIENT acknowledges that the SOFTWARE may not be available or may be unavailable due to several factors, including, without limitation, periodic system maintenance (scheduled or not), manifestations of nature, technical software failures, telecommunications infrastructure or delay or interruption caused by viruses, denial of service attacks, increase or fluctuation in demand, actions and omissions of third parties or any other cause that is beyond the control of the CONTRACTOR. Therefore, the CONTRACTED PARTY expressly disclaims any explicit or implicit warranty regarding the availability, accessibility or performance of the system and / or SOFTWARE The customer assumes the total cost of any damage caused by the use of the SOFTWARE, the information contained or compiled by the software and for the interaction (or malpractice in the interaction) with any other hardware or software, whether provided by the CONTRACTOR or by third parties. To the maximum extent permitted by applicable law, under no circumstances will the CONTRACTOR, nor its suppliers or licensors, be liable for any damage (including, without limitation, damages for lost profits, business interruption, loss of commercial information, loss of intangible assets, interruption breakage, damage or failure in the hardware or software, repair costs, loss of working time or other pecuniary losses) resulting from the use or inability to use the SOFTWARE, or incompatibility of the SOFTWARE with any hardware, software or type of Even for the sake of safety and convenience, the CONTRACTOR keeps under its custody during the term of this contract backup copies of the data registered by the client in the SOFTWARE, it is the client’s duty to make his own copies, so that the contractor in In no event will any party be liable in relation to the other part for loss of profit, or for indirect, special, incidental, consequential, coverage or punitive damages, whatever the cause, whether of a contractual nature, or by an unlawful act, or according to any other theory of responsibility, whether or not it was notified or not. the other party about the possibility of such damages. The foregoing exemption will not apply when prohibited by applicable law.