AppliColor Inc. Nondisclosure Agreement and Privacy Policy
Whereas, (AppliColor Inc.) AppliColor Inc., 4614 Morris Court, Santa Rosa, CA 95405 agrees to disclose certain confidential and/or proprietary information to a viewer of this website (Recipient);
Whereas the Recipient agrees to hold confidential and/or proprietary information in confidence and further agrees to the privacy policy of Applicolor Inc., as described below; now wherefore, in exchange for the mutual promises and conditions herein, the parties agree as follows:
1. Confidential and Proprietary Information: Any information transmitted or communicated directly or indirectly on behalf of AppliColor Inc. to the Recipient and marked "confidential" or "proprietary," or which the Recipient has reason to believe is such, and any information which is derived by the Recipient from any of the foregoing furnished to the Recipient, shall remain the exclusive property of AppliColor Inc. This information shall be received and treated by the Recipient in the strictest secrecy and confidence and used only for the purpose hereof, and not disclosed by the Recipient to any person or firm without the express written permission of AppliColor Inc. Such confidential and proprietary information includes without limitation, information relating to Applicolor Inc.’s technical and scientific information, software and/or applications, business relationships, financial information, product research and development, product designs, production process and sources, and know-how (whether or not a patent is issued).
2. Permitted Disclosure by Written Consent Only: Under no circumstances may the Recipient disclose any information protected under patent or trade secret the laws of the United States of America received under this Agreement to persons or entities located outside of the United States of America without Applicolor Inc.’s written permission in advance.
3. Relationship and Obligations: No agency, joint venture or partnership is created by this Agreement. AppliColor Inc. is under no obligation to make disclosures nor is any intellectual property right transferred to the Recipient under this Agreement. Terms and conditions for the transfer of intellectual property rights, if any, would be defined in a separate written agreement.
4. Governing Law and Agreement: This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, and shall constitute the entire Agreement between the parties with regard to the use or disclosures defined herein. The Recipient agrees that, in the event AppliColor Inc. is required to bring action to enforce the provisions of this Agreement, and the damages to AppliColor Inc. for improper disclosure are irreparable, AppliColor Inc. is entitled to seek equitable relief, including an injunction and preliminary injunction, in addition to other relief. Recipient submits to jurisdiction and venue in the County of Sonoma..
5. Proprietary Information: Includes, but not limited to, information and hardware regarding the ability to perform accurate biology measurements with only a cell phone or digital camera, business plans, clients, technical information and methodology.
6. Recipient agrees to the privacy policy of the AppliColor Inc.: wherein AppliColor Inc. may collect and use aggregated data from the plurality of Recipients.
AppliColor Inc. Date: June 21, 2018
Alan Shulman, CEO