Thought Machine Group Limited, a company incorporated under the laws of England and Wales and having its principal place of business at 7 Herbrand Street, London WC1N 1EX (“Company”) provides limited access to the Enablement Portal website which contains information about Company products, services, support, training, enablement, the partner program, along with other Company content (“Enablement Portal”).
- ACCEPTANCE AND TERM
c. Safeguards. You agree that you will within your own organisation put appropriate safeguards in place to securely ring-fence the Confidential Information against access by any personnel, sub-contractors or Company’s competitors. A list of Company’s competitors will be made available to you upon request.
- THIRD PARTY SITES AND CONTENT
The Enablement Portal may contain information, content and/or other documentation provided by third parties, along with links to third party websites (“Third Party Content”). Company does not represent or endorse the accuracy or reliability of any Third Party Content. Company is not responsible or liable for any Third Party Content in any way whatsoever, and, subject to the preceding terms of this clause 4, any conduct, article, data, code, text, software, documentation, graphics, image, marketing material, statement, message, or other posting to any forum, blog or other page on the Enablement Portal (whether privately provided or publicly submitted) is the sole responsibility of the person or entity providing the content.
- DATA PROTECTION
Any personal data collected on the Enablement Portal may be accessed and stored globally by Company and will be processed in accordance with the Company’s Privacy Notice.
Under no circumstances shall either Party be liable (regardless of the basis of liability including without limitation as a result of breach of contract, negligence or any other tort, under statute or otherwise) for: (i) loss of profits, loss of business, loss of earnings, loss of contracts, loss of goodwill, loss of anticipated savings (whether direct or indirect); (ii) wasted management, operation or other time; (iii) any indirect or consequential or incidental or special loss or damages; (iv) loss of use or value of or damage or alteration to data (v) any unauthorised access to the Enablement Portal or (vi) the use or inability to use and/or access the Enablement Portal and/or any information, content or other documentation contained therein.
- Survival of Obligations. The following obligations will survive termination of the Agreement for any reason: (i) all obligations relating to non-use and nondisclosure of Confidential Information; (ii) all obligations relating to indemnification and protection of proprietary rights; (iii) all obligations to make payments of amounts that are or become due under this Agreement prior to termination; (iv) all provisions regarding the limitations of warranty, remedy and liability.
- Governing Law. This agreement is governed by English law and the parties submit to the exclusive jurisdiction of the English courts in relation to any dispute or difference between the parties arising out of or in connection with this agreement, its interpretation or subject-matter, but the parties are also entitled to apply to any court worldwide for injunctive or other remedies in order to protect or enforce their Intellectual Property Rights and/or Confidential Information. The Parties agree that this clause shall apply to both contractual and non-contractual claims.