THIS END USER LICENSE AGREEMENT (“EULA”) IS AN AGREEMENT BETWEEN YOU (“LICENSEE”) AND ASOCS LTD. (“ASOCS”) WHICH SETS FORTH THE TERMS OF THE LICENSE GRANTED BY ASOCS TO LICENSEE AS TO THE SOFTWARE, AS DEFINED BELOW, AND CERTAIN TERMS AS TO THE HARDWARE ITEMS, AS DEFINED BELOW. THIS EULA PROVIDES A LICENSE TO USE THE SOFTWARE AND CONTAINS WARRANTY INFORMATION AND LIABILITY DISCLAIMERS. READ IT CAREFULLY BEFORE USING THE SOFTWARE OR THE HARDWARE ITEMS. BY SELECTING THE “I AGREE / I ACCEPT” BUTTON YOU ARE CONFIRMING YOUR ACCEPTANCE OF THIS LICENSE TO USE THE SOFTWARE AND THE
TERMS AS TO THE HARDWARE ITEMS AND AGREEING TO BECOME BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT INSTALL OR USE THE SOFTWARE OR THE HARDWARE ITEMS.
“Documentation” means the Product Specification, CYRUS 2.0 NR Evaluation Kit, EVK-NR-SA Band 3.5 in the version current as of the time of the installation of the Software.
“GDPR” means the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data
and on the free movement of such data, and repealing Directive 95/46/EC.
“Hardware Items” means any hardware components sold by ASOCS to LICENSEE for use with the Software.
“Open Source Software” means any software made available by a third party under a license approved by the Open Source Initiative, or any substantially similar license.
“Personal Data” means any identifying or identifiable information relating to a natural person; identifying or identifiable information regarding a natural person is information that can identify
such person, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the
physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
“Proposal Form” a form issued by ASOCS to LICENSEE, which may include an offer to License the Software and an offer to sell Hardware Items, and certain provisions. The Proposal Form, when accepted by LICENSEE, and together with this EULA, constitutes the contractual framework that binds ASOCS and the LICENSEE with regard to the Software and the Hardware Items mentioned in it.
“Software” means Cyrus 2.0 software in the form included in the NR-SA Evaluation Kit. The Software may be configured to limit its use in various ways consistent with the Permitted Use (as
“Technical Information” shall mean information and statistics relating to the functioning and use of the Software provided such information is not Personal Data.
“Third Party Components” means components of the Software, whether in the form of a runtime version or object code, provided by third party vendors to ASOCS for inclusion as an embedded component of the Software object code or utilities.
Grant of License. Subject to the terms herein, during the term of this EULA, ASOCS grants LICENSEE a non-exclusive, non-transferable license to use the current object code version of the
Software solely for the Permitted Use (as defined below), according to the Proposal Form and the Documentation, and in strict compliance with this EULA.
Rights Contingent on Payment. The license of the Software and the sale of the Hardware Items are conditional upon payment of the sums in the Proposal Form.
Permitted Use. LICENSEE is permitted to use the Software solely for the purpose of evaluating the Software and determining its interest in licensing it for commercial purposes. Licensee is not
entitled to make commercial use of the Software. Without derogating from the generality of the preceding sentences, LICENSEE may not:
A. Make any use prohibited by any applicable law or for any purpose prohibited by any applicable law.
B. Create derivative works of the Software;
C. Use the Software for general application development purposes;
D. Use the Software for commercial time-sharing, rental, outsourcing, or service bureau use, or
for training persons other than for its own employees and consultants;
E. Use Third Party Components included in the Software as a separate, stand-alone product or
as a component in a program other than the Software, unless a suitable license for the Third
Party Component as integrated in such other program was purchased by the LICENSEE;
F. Alter, maintain, enhance or otherwise modify the Software;
G. Cause or permit, either through its direct efforts or through any third party, the disassembly,
de-compilation, or reverse engineering of the Software;
H. Attempt to create or permit others to attempt to create, by reverse compiling or disassembling
or otherwise, any part of the source code of the Software from the object code or from other
information made available to LICENSEE.
The restrictions on LICENSEE provided in this section shall be given the maximum effect permitted according to applicable law.
Material Terms and Conditions. LICENSEE specifically agrees and acknowledges that, without affecting the materiality of any other provision of this EULA, each of the terms and conditions of this section are material and that failure of LICENSEE to comply with these terms and conditions shall constitute sufficient cause for ASOCS to immediately terminate this EULA.
TITLE TO SOFTWARE AND PROPRIETY RIGHTS
Ownership of Licensed Software. The Software and all copies thereof are proprietary to ASOCS and title thereto is and remains vested with ASOCS. All applicable rights to patents, copyrights, trademarks, trade secrets, moral rights and any other intellectual property right in and to the Software or any modifications or derivative works belong to and shall remain the sole property of ASOCS. LICENSEE acknowledges that the license granted under this EULA: (i) does not provide LICENSEE with title to or ownership of the Software, including any enhancements, updates or other modifications to the Software, whether made by ASOCS or any third party; and (ii) provides the LICENSEE only with a right of limited use under the terms and conditions of this EULA. All rights not expressively granted to LICENSEE are reserved and retained by ASOCS.
Transfer to Third Party. LICENSEE may not sell, license, sublicense, publish, display, distribute,
or otherwise transfer to any third party the Software or any copy thereof, in whole or in part.
Supplemental Software Components: LICENSEE acknowledges that any development of the Software or the Documentation (including all applicable rights to patents, copyrights, trade secrets, moral rights and any other intellectual property right) based on suggestions or requests for information by the LICENSEE will remain the property of ASOCS, and the LICENSEE shall have no right or claim to such development.
Use of Trademarks: ASOCS’s trademarks (including, without limitation, ASOCS’s name and logo, and the Software’s commercial name) may only be used to identify printed output produced by the Software. Such use of a trademark does not grant LICENSEE any rights of ownership in that trademark. In no event shall the LICENSEE remove ASOCS’s logo, copyright or patent symbol or any other ASOCS or third party proprietary markings or proprietary legends placed upon or contained within the Software or automatically affixed to its output.
Material Terms and Conditions. LICENSEE specifically agrees that, without affecting the materiality of any other provision of this EULA, each of the terms and conditions of this section are material and that failure of LICENSEE to comply with these terms and conditions shall constitute sufficient cause for ASOCS to immediately terminate this EULA and the license granted under this EULA.
THIRD PARTY SOFTWARE COMPONENTS
Notwithstanding the license grant under this EULA, LICENSEE acknowledges that the Software includes certain Third Party Components. These Third Party Components may be covered by Open Source Software licenses, as may be updated from time to time. If and to the extent disclosure is required, please visit ASOCS’s designated web site for a list of applicable Open Source Software components included in the Software from time to time, and the applicable licenses governing their use. The terms and conditions to such licenses may be changed by the applicable third party at any time. To the extent required by the licenses covering Third Party Components, the terms of such licenses will apply in lieu of the terms of this EULA. To the extent the terms of the licenses applicable to Third Party Components prohibit any of the restrictions in this EULA with respect to such Third Party Components, such restrictions will not apply to such Third Party Components.
USE OF THE SOFTWARE
Performance. LICENSEE acknowledges that in order to achieve best results using the Software, the Software must be used solely as permitted under the Proposal Form, the Documentation and hereunder. Any attempt to use the Software other than as permitted under the Proposal, the Documentation and hereunder will be a breach of this EULA.
Minimum Requirements. ASOCS has provided information to LICENSEE as to the system requirements detailing the minimum software and hardware requirements for the proper installation and use of the Software. LICENSEE is aware that the Hardware Items do not constitute the entire system requirements and that the Software will not function properly unless all the system requirements are met.
Restricted Uses. LICENSEE acknowledges that the Software, when used with certain equipment or other software, may enable LICENSEE to collect, store, process and use Personal Data, which may be restricted by or contrary to applicable law, including without limitation, privacy protection laws and criminal law. The sole responsibility to verify that each and every use of the Software is made in full compliance with any applicable law including but not limited to the GDPR and any other data protection and/or privacy laws and regulations in LICENSEE’s jurisdiction, lies with LICENSEE. Respectively, ASOCS will not be responsible or liable to or be held accountable, in any way, for any violation of any laws including, but not limited to, data protection and privacy laws, by the LICENSEE while using the Software.
LICENSEE represents and confirms that (i) it is aware that the Software relies on the security measures employed by LICENSEE in its protection of the Personal Data stored on its systems and does not provide additional security protection to Personal Data processed by it and that LICENSEE maintains appropriate technical and organizational measures to protect Personal Data in accordance with the specific laws of LICENSEE’s jurisdiction and the jurisdiction in the countries where LICENSEE uses the Software; (ii) it is aware that the Software includes certain Third Party Components that have been made available to the public according to certain terms and conditions (Third Party Licenses), as may be updated from time to time, and it accepts those terms and conditions and that this EULA shall apply to Third Party Components only to the extent permitted by the respective Third Party Licenses; (iii) it acknowledges and agrees that ASOCS will collect from time to time Technical Information to LICENSEE’s use of the Software with the purpose of gathering statistical information that may assist ASOCS in improving the Software, subject to any applicable law; and (iv) it acknowledges and agrees that ASOCS may acquire access to LICENSEE’S systems, to the extent ASOCS decides to support with regard to the Software.
LICENSEE hereby irrevocably waives any claim for damages due to the use of the Software or due to any defect or malfunction resulting from or connected to the use of the Software, including damages related to or based upon:
A. Limited functionality or non-functionality of the Software;
B. Non-compatibility with LICENSEE’s software or hardware systems or printers/press machines;
21 Hamelacha St. | Rosh Haayin 48091 | Israel | Office: +972-3-9012090 www.asocscloud.com
C. Fitness to any of LICENSEE’s needs, operational requirements or particular use;
D. Loss of data or business opportunities due to software failures or hardware or software conflicts;
E. LICENSEE’s legal obligations regarding collecting, storing and processing personal data including, but not limited to, data-breach, data-protection and LICENSEE’s lawful basis to collect, store and process data by using the Software.
F. The Documentation or the Proposal Form.
G. Any of the representations made by LICENSEE hereinabove.
ASOCS MAKES NO PROMISES OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ANY WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SOFTWARE OR THE HARDWARE ITEMS. ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR AS TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS ARE EXPRESSLY EXCLUDED, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
HOWEVER, IF THE PROPOSAL FORM SPECIFIES A WARRANTY, THE WARRANTY WILL BE AS FOLLOWS: DURING THE WARRANTY PERIOD, ASOCS WARRANTS THAT THE SOFTWARE WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION AND THE HARDWARE ITEMS WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE SPECIFICATIONS PUBLISHED BY ITS MANUFACTURERS. LICENSEE’S SOLE REMEDY FOR THE WARRANTY WILL BE:
a) WITH REGARD TO THE SOFTWARE, ASOCS WILL MAKE REASONABLE COMMERCIAL EFFORTS TO PROVIDE ON-LINE SUPPORT TO AID LICENSEE IN OPERATING THE SOFTWARE SUBSTANTIALLY IN ACCORDANCE WITH THE DOCUMENTATION.
b) WITH REGARD TO THE HARDWARE ITEMS, ASOCS – EITHER ITSELF OR THROUGH THE MANUFACTURERS – WILL REPAIR THE MALFUNCTIONING HARDWARE ITEM OR REPLACE IT WITH A FUNCTIONING ITEM. ASOCS MAY CONDITION THE REPAIR OR REPLACEMENT ON LICENSEE’S SHIPPING THE MALFUNCTIONING HARDWARE ITEM TO ASOCS OR THE MANUFACTURER.
IF SUCH REPAIR OR REPLACEMENT IS NOT POSSIBLE, ASOCS WILL REFUND THE PURCHASE PRICE OF THE HARDWARE ITEM.
ASOCS SHALL HAVE NO LIABILITY WITH RESPECT TO ITS OBLIGATIONS UNDER THIS EULA FOR DAMAGES OF ANY SORT ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE, OR PERFORMANCE OF THE SOFTWARE OR THE HARDWARE ITEMS – WHETHER CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES, COST OF COVER, LOSS OF REVENUE OR PROFIT OR COMMERCIAL LOSS OR LOSS OF DATA, OR DAMAGE TO OTHER SOFTWARE OR OTHER COMPUTERS OR COMPUTER MALFUNCTION OR DOWNTIME, IRRESPECTIVE OF THE THEORY UPON WHICH ANY CLAIM MAY BE BASED, EVEN IF ASOCS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IT IS CLARIFIED THAT ASOCS SHALL HAVE NO LIABILITY FOR ANY DAMAGE AS A RESULT OF:
A. ACCIDENT, MISUSE OR ABUSE OF THE SOFTWARE OR HARDWARE ITEMS;
B. SERVICE OR MODIFICATION MADE TO THE SOFTWARE OR HARDWARE ITEMS BY ANYONE OTHER THAN ASOCS;
C. THE SOFTWARE OR HARDWARE ITEMS BEING INSTALLED, IMPLEMENTED AND OPERATED OTHER THAN IN ACCORDANCE WITH ALL THE INSTRUCTIONS IN THE DOCUMENTATION OR MANUFACTURERS SPECIFICATIONS;
D. LICENSEE’S FAILURE TO PROPERLY MAINTAIN ALL ASSOCIATE EQUIPMENT, SOFTWARE AND ENVIRONMENTAL CONDITIONS IN ACCORDANCE WITH APPLICABLE SPECIFICATIONS AND INDUSTRY STANDARDS; AND
E. LICENSEE’S FAILURE TO INTRODUCE OTHER EQUIPMENT OR SOFTWARE CREATING AN ADVERSE IMPACT ON THE SOFTWARE OR HARDWARE ITEMS.
F. LICENSEE’S LEGAL OBLIGATIONS REGARDING COLLECTING, STORING AND PROCESSING PERSONAL DATA WITH REGARD TO THIRD PARTIES IN ADDITION, BUT NOT LIMITED TO, DATA-BREACH, PROTECTION OF THE DATA COLLECTED, STORED AND PROCESSED BY LICENSEE ON THIRD PARTIES AND LICENSEE’S LAWFUL BASIS TO COLLECT, STORE AND PROCESS PERSONAL DATA BY USING THE SOFTWARE.
LICENSEE ACKNOWLEDGES THAT ASOCS’S THIRD PARTY COMPONENT LICENSORS MAKE NO WARRANTIES TO THE LICENSEE UNDER THIS EULA AND THAT ASOCS SHALL BE SOLELY LIABLE AND RESPONSIBLE TOWARDS LICENSEE IN RESPECT OF LICENSEE’S USE OF THIRD PARTY COMPONENTS AS PART OF THE SOFTWARE.
THE LIMITATIONS OF WARRANTY AND OF LIABILITY DETAILED IN THIS EULA ALSO SHALL APPLY TO ANY USE BY THE LICENSEE OF THIRD PARTY COMPONENTS AND THE ASOCS WEBSITE.
NO SUPPORT AND MAINTENANCE
Except as specifically stated in the previous section, ASOCS will have no obligation of any sort to support, maintain, update or upgrade the Software or the Hardware Items.
INDEMNITY TO ASOCS FOR THIRD PARTY CLAIMS
LICENSEE shall indemnify and hold harmless ASOCS against any and all claims made by any third party resulting from the violation of LICENSEE’S obligations under this EULA, including costs in connection with the defense thereof.
Term. This EULA and the license granted hereunder shall commence upon acceptance by the LICENSEE of this EULA and shall continue until terminated by either party in accordance with the provisions contained herein.
Termination by ASOCS. In addition to the automatic expiry of the License and ASOCS’s termination rights pursuant to the provisions of sections “License”, “Use of the Software” and “Title to Software” above and under law, ASOCS shall have the right to terminate this EULA and the license granted herein upon the occurrence of any of the following events:
* LICENSEE (i) terminates or suspends its business; (ii) becomes insolvent or generally fails to pay, or admits in writing its inability to pay its debts as they become due; (iii) becomes
subject to any bankruptcy or insolvency proceeding, or to direct control by a trustee, receiver or liquidator; or (iv) has wound up or liquidated, voluntarily or otherwise.
Actions Following Termination. Within seven (7) days after termination of this EULA, for whatever reason, LICENSEE shall return to ASOCS the Software and the Documentation, and deliver to ASOCS a certification, in writing signed by an officer of LICENSEE, that the Software and all copies thereof have been returned or destroyed, as requested by ASOCS, and their use discontinued.
Termination for IP Violations. The foregoing notwithstanding, in the event ASOCS exercises its right to terminate this EULA pursuant to sections “License” and “Title to Software” above, ASOCS
shall have the right to take immediate possession of the Software and the Documentation and all copies thereof wherever located, and the LICENSEE hereby irrevocably agrees to allow the entrance of ASOCS’s agents to the LICENSEE’s premises for the purpose of taking possession of all copies of the Software and the Documentation, and not to interfere with such action.
Compliance with Laws. LICENSEE shall be responsible to ensure the compliance with government regulations and procedures in LICENSEE’s jurisdiction, including, without limitation, any data
protection and privacy regulations (including the GDPR), and import regulations or related charges. Without derogating from the limitations on transfer contained herein, LICENSEE shall not ship, transfer or export into any country, or use, the Software in any manner prohibited by any applicable export laws, restrictions or regulations.
Prohibited Use. This EULA does not cover use of the Software for the purpose of, or in connection with, a violation of the human rights of any person as set out in the United Nations Universal
Declaration of Human Rights. Any such use is prohibited and is a material breach of this EULA causing the whole EULA for the Software to lapse immediately without notice rendering any
further use of the Software unlawful.
Entire Agreement; Amendment and Waiver. This EULA constitutes the full and entire understanding and agreement between the parties with regard to the subject matters hereof, supersedes all prior courses of dealings, proposals and negotiations between ASOCS and LICENSEE and no representations, communications, negotiations or statements not expressed herein shall be binding upon ASOCS. Any term of this EULA may be amended and the observance of any term hereof may be waived (either prospectively or retroactively and either generally or in a particular instance) only with the written consent of the parties to this EULA. Should LICENSEE have signed any agreement with ASOCS or with an affiliated corporation of ASOCS’s prior to accepting the terms of this EULA or afterward, and should such agreement contain a term or terms which relate to substantially the same matter or matters as a term of this EULA, the term or terms of such agreement will apply and the relevant term or term(s) of this EULA will not apply in the relationship between LICENSEE and ASOCS with regard to such matter or matters.
Delays or Omissions. No delay or omission to exercise any right, power, or remedy accruing to ASOCS upon any breach or default under this EULA shall be deemed a waiver of any other breach or default theretofore or thereafter occurring.
Severability. If any provision of this EULA is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision shall be excluded from this EULA and the remainder of this EULA shall be interpreted as if such provision were so excluded and shall be enforceable in accordance with its terms; provided, however, that in such event this EULA shall be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
Successors and Assigns; Assignment. The terms and provisions of this EULA shall be binding upon and inure to the benefit of the parties to this EULA and to their respective heirs, successors, assigns and legal representatives, except that LICENSEE shall not assign, sub-license or otherwise transfer the Software or any rights, duties or obligations under this EULA to any person or entity except as expressly permitted hereunder.
Governing Law. This EULA shall be construed in accordance with and governed for all purposes by the substantive laws of the State of Israel without regard to principles of conflicts of law. Any conventions regarding the international sale of goods or similar, including, without limitation, the United Nations Convention on Contracts for the International Sale of Goods, shall not apply to this EULA.
Jurisdiction. The courts of Jerusalem, Israel, shall have the sole and exclusive jurisdiction over any dispute between the parties hereto, and any claim by LICENSEE against ASOCS’s employees, exemployees, officers, agents, or affiliates. LICENSEE hereby submits irrevocably to the jurisdiction of such venue. Notwithstanding the aforesaid, and without derogating from the effect thereof,
ASOCS may initiate proceedings against the LICENSEE in any other court of competent jurisdiction.
PRIVACY AND DATA PROTECTION NOTICE
This Notice is an integral part of the above End User License Agreement and forms a complete part thereof.
The Software may be capable of collecting, storing, processing and using Personal Data
ASOCS does not and will not control, collect, store or process Personal Data through use of the
Software by the LICENSEE. The LICENSEE is the controller or processor of the data and will be
the one determining the lawful basis to collect or process the data, in accordance with its sole
discretion as well as to ensure compliance with the applicable legal provisions regarding privacy
and data protection.
2. TERMS REGARDING DATA PROVIDED BY LICENSEE TO ASOCS
ASOCS HAS NO CONTROL WHATSOEVER OVER THE MANNER OF WHICH, AND THE PURPOSE FOR WHICH, THE LICENSEE COLLECTS, STORES, PROCESSES AND USES PERSONAL DATA THROUGH THE SOFTWARE. THE LICENSEE HAS EXCLUSIVE CONTROL AND DISCRETION OVER THOSE MATTERS.
LICENSEE acknowledges and agrees that the Software may include a function which collects from time to time Technical Information related to LICENSEE’s use of the Software, and transmits such information to ASOCS solely for statistical purposes in order to assist ASOCS in improving the Software, subject to the provisions of any applicable law.
LICENSEE further acknowledges and agrees that the Software may include a function which collects Technical Information regarding LICENSEE’s use of the Software, and transmits such information to ASOCS solely for analytical purposes.
ASOCS may provide LICENSEE with technical support and maintenance services which address technical problems arising in the course of LICENSEE’S use of the Software and for supporting Software upgrades (“Support Services”). The provision of Support Services may require access by ASOCS to LICENSEE’s systems through screen sharing. Such access shall be supervised by LICENSEE, be granted solely for the specific period required to provide the Support Services, and shall not include download of data to ASOCS computers. ASOCS will maintain confidentiality when providing the Support Services. IN NO EVENT WILL THE SUPPORT SERVICES INCLUDE COLLECTING, STORING OR PROCESSING OF PERSONAL DATA BY ASOCS.
NO PERSONAL DATA WILL BE RECEIVED FROM LICENSEE IN ORDER FOR ASOCS TO PROVIDE SUPPORT SERVICES.
LICENSEE shall apply proper data protection and cyber security measures (organizational and technical) to secure receipt of the Support Services, and ASOCS shall not be liable or responsible to any cyber security and/or data protection risks or any loss or damage resulting therefrom.
LICENSEE waives and rescinds any and all claims, demands, complaints or actions of any kind against ASOCS, as a result from receiving Support Services from ASOCS.
3. CONFIDENTIALITY AND NON-DISCLOSURE
In creating the Software and its different functions, considerations relating to the privacy and security of the LICENSEE have been taken into account. ASOCS has a policy of honoring and protecting the privacy of LICENSEE, and accordingly ASOCS will keep any confidential information it is exposed to under confidentiality and will refrain from disclosing or forwarding to third parties any such confidential information, if and to the extent confidential information is actually disclosed to ASOCS. Notwithstanding the aforementioned, upon the occurrence of one of the following instances, and to the extent permitted by any applicable law, ASOCS may, but is not obligated to, disclose the aforesaid confidential information in part or in full:
A. In the event of a breach of the EULA or carrying out or attempt to carry out a prima facie violation of the provisions of any law;
B. Pursuant to the provisions of any law under which ASOCS is obligated to provide such confidential information or part thereof to any third party;
C. In the event of a dispute, disagreement or any legal or quasi legal proceeding between the LICENSEE and ASOCS;
D. In the event that ASOCS believes that disclosure of the confidential information may prevent serious harm to the LICENSEE, his life, his health or property, and any damage as aforesaid to any third party;
E. In the event that the activities or assets of ASOCS are transferred to another corporation, ASOCS shall be permitted to provide all the information in its possession to the corporation that shall acquire ASOCS’s activities or assets, provided that the corporation accepts upon itself the provisions of data protection and privacy contained herein or any similar policy of data protection and privacy.
The above reservation of rights by ASOCS will not impose upon ASOCS any obligation to report or provide information to any party, and no person will have any claim or suit against ASOCS flowing from the transfer or provision of information or the no transfer or no provision of the aforesaid information.