Assuming that the recipient is awarded the project, the term will end at project completion and/or its termination. As used in this agreement, the phrase “recipient” also includes any of the recipient’s officers, directors, employees, agents, and representatives, including, without limitation, attorneys, accountants, consultants, and financial advisors (collectively “representatives”). The client wishes to protect any of his proprietary or confidential information being revealed under this agreement, and, to that end, the parties hereby agree as follows:
- Proprietary and Confidential Information. Both parties agree that any and all proprietary and/or confidential information, whether written or oral, which is disclosed to the recipient shall be subject to the terms of this agreement. During the term of this agreement and thereafter, the recipient must not, for any reason whatsoever, either individually or in partnership or jointly or in conjunction with any person or persons, firm, company, or corporation, as employee, independent contractor, principal, agent, shareholder, director, or in any other manner, whether directly or indirectly, share and/or sell information the client provides to the recipient without their expressed consent via email or otherwise.
- Non-disclosure to Third Parties. The recipient of the information shall treat the information as the proprietary and confidential information of the client’s, and shall not disclose the information to any other person or entity except as authorized, and shall safeguard the information at least to the same extent that it would her own proprietary and confidential information. The recipient shall immediately notify the client of any request by any third person that the information be disclosed and shall cooperate with the client in his or her efforts to protect the information from disclosure. The recipient further agrees to promptly notify the client of any request by a court or regulatory agency (or other governmental body) for information owned by the client prior to complying with such a request, and to cooperate with the client in obtaining adequate protective orders and arrangements for the information.
- Legal Obligation. The recipient acknowledges and agrees that the client reserves the right to take any legal action to which s/he may be entitled in the event of breach, in full or in part, of the confidentiality and non-disclosure provisions of this Policy.
- Exceptions. The obligations contained herein shall not apply to: (a) information which is now in or hereafter enters the public domain without a breach of this agreement; (b) information known to the recipient prior to the time of disclosure by the client or independently developed by the recipient’s representatives without access to the client’s personal information; or (c) information disclosed in good faith to the recipient by a third person legally entitled to disclose the same.
- Miscellaneous. The obligations of the parties shall be binding on and be to the benefit of their respective heirs, successors, assigns, and affiliates. This agreement may be amended or modified only by a subsequent agreement in writing.
- Intellectual Property. Agora Books recognizes that authors always have 100% intellectual property control on their manuscript(s) as to if, where and when the author decides to use other production or other services in support of their book self-publishing project. Agora Books is a facilitative agent and not a controller of the works of writers