Wherein the User wishes to access and use Blue Water Optimum Speed Services (BOSS) web application (“the software”) by way of login through internet connection to the software hosted online by Blue Water,
And wherein Blue Water will allow the User access to the proprietary information of Blue Water for the purpose of enabling the User to use the software as a service,
And wherein the User acknowledges that the proprietary information obtained is owned by Blue Water and Blue Water has a right to protect the proprietary information. This agreement must be acknowledged and agreed to by the User prior to being granted access to the Website and the data applicable to the software. Now therefore the User accordingly undertakes the following in favour of Blue Water in respect of any and all documentation and information provided by the Blue Water to the User (the “Confidential Information”):
1. CONFIDENTIALITY OF BUSINESS LOGIC
1: The User shall use the Confidential Information exclusively for the purpose of making use of the software.
2: In order to protect the Blue Water proprietary interest in and to the Confidential Information, the User acknowledges and undertakes:
1.2.1: not to, at any time, either directly or indirectly, use the software business logic and/or divulge and/or disclose the same to any other person or business entity save as provided for herein;
1.2.2: not to use the software for any purpose other than the purpose for which it was disclosed to it without the prior written consent of Blue Water;
3: The User shall take reasonable steps to ensure that each person to whom access in respect of, the Confidential Information is allowed, shall observe the undertakings given in this agreement;
4: The User understands and acknowledges that the Blue Water may suffer harm and loss if the User breaches the terms of this agreement;
5: The User may disclose, and may permit its associates, auditor, officers, employees, advisors and agents to disclose any Confidential Information:
1.5 .1: with the prior written consent of the Disclosing Parties;
1.5.2: if it is compelled to do so by law;
2.1 The User specifically agrees to not in any way compete with Blue Water by exploiting and/or offering and/or providing, either directly or indirectly, similar services or products as those established by Blue Water.2.2 The provisions of this clause are enforceable on the directors and/or members and/or partners of the User, as well as the members of its administrative and/or executive management and employees.
By accessing the Website the User acknowledges and agrees to be bound to the terms and conditions set out in this agreement and that it shall remain bound thereto notwithstanding the conditions precedent not being fulfilled.