Prohibition against reverse engineering
Protection of proprietary technology and trade secrets
3Dresyns develops proprietary formulations, non-public compositional information, material technologies, calibration methodologies, Curing Rate Tables (CRTs), process parameters, technical documentation, data, and know-how that may be protected by trade secret law, intellectual property rights, contractual confidentiality obligations, and other applicable legal protections.
Nothing in the purchase of a Product or Service transfers ownership of the Company's proprietary formulations, trade secrets, confidential know-how, technical documentation, calibration systems, CRT methodologies, or other protected information except to the extent expressly agreed in writing by the Company.
Contractual prohibition against reverse engineering
By placing an order after the applicable Legal Terms have been made available, the Buyer agrees, to the fullest extent permitted by applicable law, not to undertake, commission, facilitate, authorize, or assist in reverse engineering activities intended to discover, reproduce, disclose, or commercially exploit the Company's proprietary formulations, compositions, trade secrets, or confidential know-how.
Without the Company's prior written authorization, the Buyer shall not, directly or indirectly:
- chemically analyze, de-formulate, reverse engineer, dismantle, or otherwise investigate a Product for the purpose of determining or reproducing its proprietary formulation or confidential composition;
- commission a laboratory, university, research institution, consultant, contractor, affiliate, competitor, or other third party to perform such analysis on the Buyer's behalf or for the Buyer's benefit;
- perform material characterization where the purpose is to discover, reconstruct, reproduce, or enable reproduction of a proprietary formulation or trade secret;
- copy, extract, reconstruct, decode, reproduce, or misuse non-public proprietary calibration data, CRT-related information, technical files, process parameters, or confidential technical documentation;
- use Confidential Information supplied by the Company to develop, reproduce, imitate, manufacture, formulate, or assist in the development of a competing or substantially derived material or proprietary technology;
- disclose proprietary or Confidential Information to a third party for replication, competitive analysis, commercial exploitation, or another unauthorized purpose; or
- circumvent these restrictions by arranging for any prohibited activity to be carried out indirectly by another person or entity.
Permitted product evaluation
This policy does not prohibit ordinary testing, printing, processing, characterization, validation, quality control, or performance evaluation reasonably required to use or evaluate a Product for its intended technical application, provided that such activity is not undertaken for the purpose of discovering, reproducing, disclosing, or commercially exploiting the Company's proprietary formulation, confidential composition, or trade secrets.
Where the intended analysis could reveal confidential compositional or proprietary formulation information, the Buyer should obtain the Company's prior written authorization before commissioning or performing that analysis.
Third-party laboratories and research institutions
A Buyer shall not avoid this contractual restriction by transferring a Product to a third-party laboratory, university, research organization, consultant, contractor, affiliate, or other person for a purpose that the Buyer itself is contractually prohibited from undertaking.
The Buyer is responsible for ensuring that persons acting on its behalf or for its benefit do not use Products or Confidential Information in breach of the contractual restrictions applicable to the Buyer.
Confidential technical information
Non-public formulation data, compositional information, proprietary processing information, calibration methodologies, unpublished CRT information, development information, and other Confidential Information supplied by the Company must not be disclosed, reproduced, distributed, published, or used outside the authorized purpose.
Where a separate non-disclosure agreement or individually negotiated confidentiality agreement applies, that agreement shall prevail in relation to the information and activities specifically governed by it.
Legal basis
This contractual protection is intended to operate together with applicable trade secret, intellectual property, confidentiality, unfair competition, and contractual law.
In Spain, protection of qualifying trade secrets is governed principally by Ley 1/2019, de 20 de febrero, de Secretos Empresariales, which implements the framework established by Directive (EU) 2016/943 on the protection of undisclosed know-how and business information against unlawful acquisition, use, and disclosure.
Applicable protection in other jurisdictions may additionally arise under local trade secret, intellectual property, confidentiality, contract, and unfair competition laws.
Mandatory legal and regulatory activities
Nothing in this policy prohibits an analysis, disclosure, communication, or other activity that cannot lawfully be restricted or that is required or expressly permitted by applicable mandatory law.
This includes, where applicable, information or analysis required for regulatory compliance, product safety, conformity obligations, legal proceedings, the exercise or defence of legal rights, or a lawful request from a competent administrative, regulatory, judicial, or other public authority.
Where legally permissible, the Buyer should notify the Company before disclosing Confidential Information so that appropriate confidentiality measures may be considered.
Nothing in this policy restricts legally protected reporting, disclosure in the public interest, or another protection that mandatory applicable law expressly preserves.
Breach and protection of rights
A material breach of this policy may constitute a breach of contract and, depending on the circumstances, may also constitute an unlawful acquisition, use, or disclosure of trade secrets or infringement of other protected rights.
Where the Company reasonably determines that a material breach has occurred or is threatened, it may take appropriate contractual and legal measures to protect its legitimate rights and Confidential Information, subject to applicable law.
Such measures may include suspension or termination of future commercial relationships where legally and contractually permitted and the pursuit of appropriate judicial remedies.
Remedies and damages
Where an unlawful acquisition, use, or disclosure of a trade secret or another actionable breach is established, the Company may seek the remedies available under applicable law.
Depending on the circumstances and applicable law, these remedies may include cessation or prohibition of the unlawful activity, measures concerning infringing goods or materials, protection or removal of unlawfully obtained information, injunctive or precautionary relief, and compensation for proven damages and losses.
Any claim for damages will be determined according to the actual circumstances, applicable contractual provisions, evidence, causation, and applicable law. Nothing in this policy creates an automatic contractual penalty or predetermined amount of damages unless such a penalty has been separately and validly agreed in writing.
No implied license
Purchase, possession, testing, or authorized use of a Product does not grant the Buyer any implied license or authorization to reproduce the Product's proprietary formulation, exploit Company trade secrets, manufacture derivative formulations using Confidential Information, or disclose proprietary technology to third parties.
Relationship with other Legal Terms
This policy must be read together with the Company's Terms & Conditions, Confidentiality policy, Ownership of contents policy, and other applicable Legal Terms.
Mandatory rights
Nothing in this policy excludes, restricts, or modifies any right, disclosure, activity, remedy, obligation, or protection that cannot lawfully be excluded, restricted, or modified.