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NON-DISCLOSURE AGREEMENT PremiumNet This Agreement relates to PremiumNet where technical documentation is provided in electronic format (hereinafter referred to as "INFORMATION") which FANUC CNC Europe S.A. (hereinafter referred to as "FANUC CNC") may disclose to the ordering and subscribing customer (hereinafter referred to as "CUSTOMER"). In connection with the disclosure of such INFORMATION, the CUSTOMER and FANUC CNC hereby agree as follows: 1. FANUC CNC agrees to provide to the CUSTOMER certain INFORMATION for its CNC products, amplifiers and motors. The CUSTOMER acknowledges that such INFORMATION is proprietary trade secret of FANUC CNC and/or its licensors, shall be held in confidence by the CUSTOMER and shall be protected from disclosure to any third parties. 2. FANUC CNC grants the CUSTOMER a non-exclusive, non-transferable right to use the INFORMATION for the sole purpose of modification and adaptation of functions for CUSTOMER?s machine tools utilizing FANUC CNC Products. The CUSTOMER shall not use the INFORMATION for any other purposes. 3. The CUSTOMER shall use the INFORMATION only for the purposes provided in Article 2 hereof and shall disclose the INFORMATION only to its employees who are required to use the INFORMATION for the purposes described herein. Further, the CUSTOMER shall have its employees observe the terms and conditions of this Agreement. 4. The CUSTOMER is granted a personal non-transferable, nonexclusive license to use the INFORMATION and if applicable the software included therein only: (I) with one CPU (the "Designated Computer"); or (II) by copying the INFORMATION onto the hard drive of the Designated Computer or on to another storage device at a single location. The CUSTOMER may not reverse compile or disassemble the INFORMATION. The INFORMATION, comprising proprietary trade secret of FANUC CNC and/or its licensors, shall be held in confidence by the CUSTOMER and protected from disclosure to third parties. The CUSTOMER?s right to use the electronic reader software is governed by the appropriate User License Agreement of the reader software supplier. 5. All intellectual property rights to the INFORMATION (including, but not limited to, patent, copyright and all rights as to trade secret in relation to Confidential INFORMATION) shall be reserved by and belong to FANUC CNC and/or its licensors. Nothing contained in this Agreement shall be constructed as an assignment or grant of any right or title to the INFORMATION to the CUSTOMER. 6. This Agreement shall commence on the date of registration hereof and unless earlier terminated by FANUC CNC shall be valid for a period of five (5) years. FANUC CNC shall have the right to terminate this Agreement (i) with or without cause upon thirty (30) days? prior written notice or (ii) upon one (1) day?s notice if FANUC CNC, in its sole discretion, considers that the CUSTOMER has breached this Agreement. Upon termination for any reason, the CUSTOMER shall cease to use the INFORMATION and shall return it hereof to FANUC CNC. 7. THE INFORMATION IS PROVIDED "AS IS", WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ADEQUACY OR ACCURACY OF THE INFORMATION CONTAINED THEREIN. NO IMPLIED OR STATUTORY WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY. 8. IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL FANUC CNC OR ITS LICENSORS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PENAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE OF OR DAMAGE TO EQUIPMENT, COST OF SUBSTITUTE PRODUCTS OR FACILITIES, DOWNTIME COSTS OF CLAIMS OF CUSTOMER's. If FANUC CNC furnishes the CUSTOMER with advice or other assistance regarding the INFORMATION, the furnishing of such advice or assistance shall not be subject to FANUC CNC to any liability, whether in contract, warranty, tort (including negligence) or otherwise and the CUSTOMER agrees to indemnify FANUC CNC against any such liability. 9. In case CUSTOMER sells to third parties programs that are based on or derived from the INFORMATION supplied from FANUC CNC and such programs cause any claims or damages to the CUSTOMER or a third party, the CUSTOMER shall have sole responsibility for curing such damages and shall hold FANUC CNC harmless against such claims or damages. 10. This Agreement shall be governed by the laws of the Grand Duchy of Luxembourg. 11. This Agreement shall control and have precedence over the provisions of any purchase order from the CUSTOMER. This Agreement contains the entire agreement and understanding between the parties with respect to the subject matter hereof and supersedes and cancels any and all previous negotiations, agreements, commitments and writings with respect to the INFORMATION. This Agreement may not be modified or amended except by a writing signed by both parties.
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Customer Registration