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Trial Agreement Software

4. Confidentiality. The Parties acknowledge that, in the course of carrying out its obligations under this Agreement, each Party may obtain confidential information. Each Party undertakes and agrees that neither it nor its representatives, collaborators, senior officers, directors or representatives shall disclose or disclose confidential information of the disclosing party, except (a) to the personnel, representatives or contractors of the receiving party who need access to the confidential information to exercise their rights under this Agreement and who are bound by a written agreement; under conditions at least as restrictive as these, not to disclose confidential or protected information of third parties disclosed to that party or (b) given that such disclosure may be required by laws or rules of the State, subject to written notification by the party receiving the request for a protection order or other disclosure. Nothing in this Agreement prohibits or limits the use of information by the receiving party: (i) that it previously knew without any obligation of trust, (ii) that it was developed independently or for it without use of or access to the confidential information of the party being disclosed, (iii) was acquired by a third party that is not confident with respect to such information; or (iv) that are or become available to the public without violation of this Agreement. The receiving party acknowledges the irreparable harm that improper disclosure of confidential information may cause; Therefore, the injured party has the right to seek an appropriate remedy in the event of an infringement or imminent violation of this Section, in addition to all other remedies, including injunctions or interim or permanent measures. The terms of this Agreement, the original code and the structure, order and organization of the SugarCRM product are confidential information of SugarCRM or its licensors. Within five (5) days of a disclosed party`s request, the receiving party must return or destroy the disclosing party`s confidential information; However, provided that the party receiving the right to retain archival copies of the confidential information of the disclosed party exclusively for legal, regulatory or compliance purposes, unless otherwise prohibited by law. 2.2. Between the parties, Customer controls customer`s environment and its individual components (a „customer component“ each), whether owned by customer, leased or licensed by customer, located on customer`s premises, or cloud-based, used by customer on the basis of software as-a or other service. The customer can use the free testing services by creating integrations or other links with one or more client components (one „login“ each). By implementing a link with a customer component, the customer thus grants the right to Datadog and expressly orders Datadog to access that customer component during the free testing period and to work with it to provide and support the free trial services.

Customer is responsible for compliance with all applicable third party terms, guidelines and licenses that govern Customer`s access to and use of customer components and associated data (together „Third Party Terms“). . . .