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 information, data and material that may be posted (including by other third party users) (“Enablement Portal”).
ACCEPTANCE AND TERM
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.
PORTAL AND CONTENT
The Enablement Portal shall contain information, content and/or other documentation, along with links to third party websites, that have been published, submitted, posted and/or disclosed by users (“Portal Content”). Company does not represent or endorse the accuracy or reliability of any Portal Content. 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 not the responsibility of Company. Company expressly disclaims any and all liability in connection with such, and you accordingly hereby waive any legal, or equitable rights or remedies you have or may have against Company.
You agree that anything that you publish, submit, post or otherwise disclose on the Enablement Portal is (i) solely your own view or opinion and does not express the view or opinion of Company (ii) shall not be considered confidential information (iii) may be seen, viewed and/or otherwise accessed by other users of the Enablement Portal (including third parties).
You agree that you shall not publish, submit, post or otherwise disclose on the Enablement Portal anything that:
is defamatory, threatening, abusive, or harassing;
is obscene, dangerous, irresponsible, antisocial, or encourages such behaviour;
is discriminatory or prejudicial;
contains a virus, Trojan horse, spyware, malicious code or any other harmful component, or otherwise impairs, interrupts or damages the Enablement Portal or any connected network, or otherwise interferes with a person’s use or enjoyment of the same; or
contains any advertisement, solicitation, investment opportunity or other unsolicited commercial communication.
Anything published, submitted, posted or otherwise disclosed on the Enablement Portal may be used by Company for any purpose (including, but not limited to, publication, submission, posting, transfer, production, reproduction, and/or disclosure). Company is free to use, without any obligation, any feedback, concepts, ideas, techniques, and/or know-how which is contained in anything published, submitted, posted or otherwise disclosed to and/or on the Enablement Portal for any purpose whatsoever (including, but not limited to, developing, licencing, selling, and/or marketing any products and services).
By submitting any data and/or information to the Enablement Portal, you hereby irrevocably transfer and assign to Company any copyrights, moral rights, and/or any other rights that you may have in such material.
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.
Save for in relation to any breach of clause 5, breach by you of Company’s Confidential Information and/or Company’s intellectual property rights, 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.