To comply with the Federal Law on Protection of Personal Data Held by Private Parties and its Regulations, the Parties indicate that the Personal Data (hereinafter the “DATA”), which are provided in this Contract and its annexes, are intended for the purposes of identification of the Parties and will be kept confidential under the terms of the law mentioned in this paragraph, the damages that any of the Parties obtain from the violation of this obligation must be compensated by the Party that caused them.
NO TRANSFER OF INDUSTRIAL PROPERTY AND COPYRIGHT.
The Parties agree that the formalization of this Contract under no circumstances may be considered or imply and/or constitute expressly or tacitly the desire or intention to formalize an assignment or transmission of industrial and/or intellectual property rights, that belongs to each of the Parties. Likewise, it will not be understood that this Contract is considered and/or implies the granting of any license or assignment in relation to the Confidential Information shared between the Parties.
The Parties agree that, where appropriate, the transfers and licenses that the Parties consider relevant for the achievement of the object of this Contract will be formalized, adding, where appropriate, the respective transfer and/or license contracts to this legal instrument, becoming form an integral part of it.
The Parties agree to consider for the purposes of this Contract the Party who transmits Information as “the DISCLOSING PARTY” and the Party who receives the information as “the RECEIVING PARTY”, likewise, the Parties agree to consider as “CONFIDENTIAL INFORMATION”, all types of information that is transmitted by the Disclosing Party to the Receiving Party, the transmission referred to will include, but is not limited to, all information expressed whether verbally, written, graphic, electronic, magnetic or by any other means of transmission and/or storage of information.
The information which will be treated as Confidential Information may include, but is not limited to, all information of industrial application, information of a legal, corporate, commercial, accounting, economic, financial, fiscal, technical, technological, market nature. , business, suppliers and/or prospective suppliers, clients and/or prospective clients.
I. The existence and content of any negotiation between the Parties;
II.The agreements adopted in relation to all those business projects that may arise from commercial relations between the Parties and;
III. All work documents generated between the Parties prior to or after this Contract
The information that in this clause is determined to be Confidential will not limit the Disclosing Party to establish with the same character of “Confidential” all information that is considered to be “Confidential”, likewise the term “Confidential Information” will apply. to the projects, proposals, methodologies, roadmaps, and other information related to the operations that may be generated between the Parties.
The Parties agree that the Confidential Information may not include the information described below and, therefore, the disclosure of the same through the Receiving Party may not be considered a breach of the obligations assumed under this clause:
The Parties agree that in the event that any of the Products present any of the defects numbered in the preceding clause, the Buyer will have the right to carry out the process to request a refund of the amount paid for the Products with defects.
The process that the Buyer must initiate so that the monetary refund is made at the discretion of the Seller is as follows:
to. The information that at the time of being transmitted by the Disclosing Party is in the public domain, with the understanding that said information has not become public domain as a result of non-compliance with the obligations of this clause;
b. The information that the Receiving Party verifies was in its possession at the time it was disclosed to it by the Disclosing Party, unless:
I. Said information is subject to any other confidentiality obligation
II. The information has fallen into the possession of the Receiving Party due to acts contrary to the law or due to bad faith against the Disclosing Party.
c. The information that the Receiving Party receives from any third party that is not a party to this Agreement, provided that the receipt of the information to which the Receiving Party is subject is not the result of a breach of any obligation of confidentiality to which the third party was subject. ;
d. The information that is independently developed by the Receiving Party prior to the transmission made by the Disclosing Party, provided that the terms and conditions of this Clause, the law or the principles of good corporate practices are not breached;
and. The information that is disclosed in compliance with a request or judicial order from a competent authority.
F. Information will be disclosed by the Receiving Party with the prior written approval of the Disclosing Party.
The Parties agree that in the event that a case of non-compliance with the provisions of this clause arises, the sanctions established in articles 386 to 402 of the Federal Law for the Protection of Industrial Property will be applicable to the Receiving Party. , as well as the applicable articles of the Industrial Property Law Regulations and general rules that emanate from the aforementioned law, as well as articles 210,211 and 211 bis of the Federal Penal Code in force in the United Mexican States and all those general norms that emanate from it.
Violation of this clause will grant the Disclosing Party the right to carry out the corresponding legal procedures, independently of requesting from the Receiving Party the payment of expenses and costs, as well as the payment of damages caused to the Disclosing Party.
Once the effects of this Contract and the Letter of Intent have ended, the Receiving Party of the information undertakes, within the following fifteen (15) business days, to return to the Disclosing Party all documentation, information and/or material. , which by virtue of the sale has been transferred to you.
The Parties agree that all the Information that the Parties collect from each other and that is necessary to comply with the sale regulated by this Contract and that is the property of its counterpart, may not be used by the Party that acquires the character of Receiving Party. in a manner other than that which is essentially necessary and compatible for the correct application of the sale, under the protection of this Contract and its annexes.
