Non-Disclosure Agreement

PARTIES

  1. Industrial and Financial Systems, IFS AB (publ), hereafter referred to as IFS
  2. User employed at a company that has entered into an agreement with IFS, hereafter referred to as User.

BACKGROUND

As a result of the User’s Employer collaborating with IFS, a Non-Disclosure Agreement has been signed between the parties.

To enable this collaboration IFS will publish and present information that may wholly or in part be confidential. The Parties agree that such confidential information shall be governed by the following.

THE INFORMATION

Confidential information, hereinafter referred to as the Information, for the purposes of this Agreement means any and all oral or written information, material, documents and data related to a party, including, but not limited to, the business activities of a party, its products, services and customers, which the User directly or indirectly receives from IFS and any and all information which is clearly identified by IFS as confidential by an appropriate legend or if orally disclosed identified as confidential at the time of disclosure by IFS.

EXCEPTIONS

The term “Information” does not include:

  1. Such information as marketing and sales material from IFS
  2. Such information from IFS that was known to the User prior to receipt of such disclosure according to this Agreement,
  3. Such information that is or becomes generally available to the trade or to the public, otherwise than by breach of this Agreement.

TREATMENT OF THE INFORMATION

The User undertakes to treat all the Information directly or indirectly disclosed as strictly confidential and will not without obtaining the prior written consent of IFS disclose any part of the Information to any third party.

The User must take all reasonable precautions to ensure that any files being uploaded to the IFS server are virus free. 

IFS’ Document Management may only be used for documents relating to a specific IFS support case. It cannot be used for storing other customer documents.

RETURN OF THE INFORMATION

At IFS’ request, the User will immediately return all the Information that the User has received from IFS, together with all copies and reproductions thereof and all notes or records made by the User that are based wholly or in part on the Information. The User shall immediately upon request cease to use all the Information received from IFS.

If the User leaves the employment of the company collaborating with IFS, the User is obliged to cease using any and all IFS web sites as well as notify the IFS Webmaster in this respect.

OWNERSHIP OF THE INFORMATION

The entire right, title and interest in the Information shall remain with IFS. The User shall not have any right to the Information apart from what is stipulated in this Agreement.

UNAUTHORIZED USE OF THE INFORMATION

The User shall notify IFS immediately if he/she becomes aware or suspects that the Information or any part thereof has been disclosed to or is in the possession of any person which is not authorized by this Agreement to receive such Information or otherwise becomes aware of or suspects any breach of this Agreement.

BREACH OF AGREEMENT

The User acknowledges that any violation of this Agreement will cause IFS immediate and irreparable harm. The fine and applicable rules are regulated in a Non-Disclosure Agreement signed between IFS and the User’s Employer. Nothing in this clause shall be to the exclusion of any other remedy IFS may have due to the breach of this Agreement.

TERM

The obligations and restrictions set out herein shall be valid during the time the Parties collaborate with each other and for a period of five (5) years thereafter.

ENTIRE AGREEMENT

This Agreement, the Non-Disclosure Agreement and other agreements/contracts signed between IFS and the User’s Employer constitute the entire agreement between the parties with respect to secrecy and shall not be changed except by written agreement duly signed by the parties.

APPLICABLE LAW AND DISPUTES

This Agreement shall be governed by and construed in accordance with Swedish law.

Any dispute, controversy or claim arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The arbitral tribunal shall be composed of a sole arbitrator.

If the dispute, inclusive of any counterclaims, claims for set-off and interest should comprise of an amount less than SEK 250,000, exclusive of VAT, the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce shall be applied.

The place of arbitration shall be Stockholm. The language to be used in the arbitral proceedings shall be English.

This Agreement is valid and accepted once the User has checked the accept button upon registration.