Confidentiality Agreement

 

This agreement having an effective date the 1 January 2012 is between the parties:

 

ALTox a/s - Tonsbakken 16-18 - DK-2740 Skovlunde - Denmark (Altox)

 

and

 

Your company (You)

 

and sets forth the terms and conditions under which certain information of a confidential nature may be disclosed or provided by or on behalf of You to Altox.

 

Altox desires to obtain from You certain proprietary information, including technology, formulae, know how, methods and/or processes, customer information and Confidential Information. The information is to be made available to Altox for the purpose of evaluation of chemical hazard issues, calculation of code numbers, creation of Material Safety Data Sheets and safety labels for Your products.

 

Altox acknowledge and agrees that Confidential Information is a valuable trade secret and that any disclosure or unauthorized use thereof, including without limitation, use of the Confidential Information will cause irreparable harm and loss to You.

 

In consideration of the disclosure to Altox of Confidential Information, Altox undertakes and agrees to treat the Confidential Information at all times in confidence without in any manner limiting the generality of the foregoing, Altox undertakes the following additional obligations with respect thereto:

 

a) not to disclose Confidential Information to any other party without Your written permission. However with this agreement written permission to disclose the necessary Confidential Information to the

Register for Sub­stances and Materials (Order on the Register of Substances and Materials , Order No. 466 of 14th September 1981 issued by the Ministry of Labour, Denmark) is given;

b) to limit dissemination of Confidential Information to only those employees of Altox who need to know same;

c) not to copy Confidential Information or any portion thereof; and

d) to return all Confidential Information and all documents notes or physical evidence, including copies thereof, to You immediately upon demand therefore.

 

Without in any manner limiting the obligations of Altox, Altox acknowledges and agrees that it shall not use the Confidential Information at any time in connection with the manufacture, sale and/or supply of any products or materials of any nature whatsoever. Altox furthermore acknowledge that nothing herein shall be construed to grant to Altox any right or license under any industrial property rights, patents, trade mark or copyrights.

 

Altox's confidentiality and non-use obligations hereunder shall terminate ten (10) years from the date of receiving the Confidential Information from You, unless extended by written agreement of the parties.

 

The foregoing obligations of Confidentiality shall not apply any portion of the Confidential Information which Altox can demonstrate:

 

a) was known to Altox prior to its receipt under this agreement;

b) was published or general available to the public prior to its receipt under this Agreement, or thereafter becomes published or generally available to the public through no fault of Altox, or

c) was disclosed to Altox, free of commitment of Confidentiality and restrictions on use, by a person or entity who did not derive it directly or indirectly from and who is not under commitment or Confidentiality to You with respect thereto.

 

For ALTox a/s Pernille Hjaltalin Manager Date: 01.01.2012

For You             ____________ ____________