The products sold or supplied by the Company to the Recipient, contain or embody valuable trade secrets, technical knowhow, and/or confidential subject matter owned by the Company, and the Recipient agrees that the Recipient and any of its employees, agents, officers, or representatives shall not reverse engineer, disassemble, copy, distribute, or otherwise deconstruct any of the products (including but not limited to specifications, documentation, files, drawings, samples, or other descriptions) furnished to Recipient by Seller, shall not attempt to do so, and shall not permit any other party to do so.
By placing orders of our products and/or services, the Recipient, the "Recipient", is liable for any damages, losses exceeding the amount paid if any, for infringing these terms and conditions (and legal terms), which are agreed by the Recipient with the starting date of their first placed order as part of our terms of conditions (and legal terms) for selling our products and services. Special attention will be given to the followiing:
- the Recipient shall retain possession of the products on its premises, and shall not transmit the products or divulge any reports regarding the products to consultants or advisors, without previous consent of the Company;
- the Recipient shall not analyse, have analysed, or obtain the chemical composition of the said products in any way whatsoever;
- the Recipient shall not modify, or permit the nature or chemical composition of the products to be modified in any way whatsoever, except to the extent that such modification is inherent in its evaluation;
- the Recipient shall evaluate the products using the highest level of precaution, and shall indemnify, defend, and hold the Company harmless from all liability in connection with accidents or incidents which may occur during the evaluation of the products
In case the prohibition against reverse engineering shall be infringed the Recipient and the persons and companies who did or were complicit in reverse engineering (the "defendant") shall be obliged to pay the Company a contractual penalty in the amount of EUR 100.000 (one hundred thousand euro) for each such breach; The Company shall be entitled to claim from the Recipient damages exceeding the amount of the contractual penalty stipulated above, on general principals of law. The contractual penalty shall be paid based on a debit note properly issued by the Company, within 14 (fourteen) days from the delivery of such note to the Company and to the bank account indicated therein.
If Recipient does not agree with these terms and conditions (and legal terms) of use, the Recipient should not use nor download any data nor order any products nor services from the Company. The supply of products and services can be rejected by the Company at any time or circunstances.