Test And Evaluation Agreement

Disclaimer: Although these are the main problems, it is certainly not enough to cover them only and it is strongly recommended to look for a lawyer before signing or drafting an evaluation agreement. As they say, the devil is in the details. 9. Confidentiality. The auditor agrees that products, testing environment, test results, pricing, technical equipment, product performance, alone or in connection with third-party products and any other information (if this other information is identified as confidential or should reasonably be considered confidential in the circumstances) that are made available to the evaluator as part of this basic page (together “Confidential Information”). , constitute the confidential and proprietary information of Netgate, and the evaluator`s protection of the evaluator is an essential condition for the owner`s possession and use. The evaluator retains all confidential information strictly confidential and does not pass it on to third parties or use it in any way, unless these evaluation conditions permit, unless Netgate gives its express written consent. The auditor must use as much care as possible to preserve and protect his or her own confidential information of the same nature, but by no means less than due diligence. the information is not considered confidential information if and (i) it was made public at the time of its disclosure by Netgate to the evaluator or was made public without the evaluator`s fault; (ii) the evaluator was fully known at the time of the information by Netgate, as evidenced by the acts contained in the evaluator`s file prior to disclosure; or (iii) the evaluator is known without restriction from any other source than Netgate, without the evaluator violating these valuation conditions and otherwise not infringing Netgate`s rights. The conditions set out in this section 9 also apply after the end or end of the evaluation period. 19.

Miscellaneous. This agreement, in conjunction with the Netgate terms, establishes the entire agreement between the parties and merges and replaces all prior agreements, discussions and agreements, written or written, neither expressive nor tacit, between the parties. This agreement prevails over additional or conflicting conditions that may be included in an evaluator`s order or other confirmation forms. The evaluator and netgate are independent contractors and nothing included in these assessment conditions is contemplated or should be construed as a relationship between the client and the representative, the employer or the worker or joint venture between the parties. In the event of a significant conflict between these assessment conditions and other netgate conditions, these assessment conditions are given priority. This agreement is not deemed to be amended, amended, repealed, repealed, cancelled in full or partially, unless the parties have amended, amended, repealed or repealed it in writing. In the event that one or more provisions of these assessment conditions should, for whatever reason, be considered unenforceable, this impossibility does not affect any other provision of these provisions and these assessment conditions must be interpreted as if such an unenforceable provision were not included.