Confidentiality Notice and Confidentiality Terms

The confidential information of Aternity LLC (“Aternity”) available at (“Aternity Confidential Information”) is subject to the terms of the applicable agreement between you and Aternity. If you are not a party to an agreement with confidentiality provisions applicable to the Aternity Confidential Information, the terms set forth in the following paragraph are the confidentiality provisions applicable to your access to, and use of, the Aternity Confidential Information.
These terms constitute a legally binding agreement between you and Aternity. Please read them carefully. By accessing or viewing the Aternity Confidential Information, you agree to these terms on your behalf or on behalf of the entity with which you are employed, affiliated or associated. You represent that you have the authority to bind the entity to these terms. If you do not have such authority or are not willing to be bound by these terms, do not view or access the Aternity Confidential Information. By accessing or viewing the Aternity Confidential Information you acknowledge and agree that these files are the confidential information and trade secrets of Aternity. You will use the same degree of care that you use to protect the confidentiality and trade secret status of the Aternity Confidential Information as you do to protect your own confidential information of like kind (but not less than reasonable care) and you will not use the Aternity Confidential Information for any purpose other than to use Aternity’s products and services or evaluate the purchase of Aternity’s products and services. Except as otherwise authorized by Aternity in writing, you will to limit access to the Aternity Confidential Information to those who need that access for these purposes and who have executed confidentiality agreements with you containing protections no less stringent than those in these terms. You will not disclose Aternity Confidential Information to any third party other than your affiliates or your respective directors, officers, employees, agents and advisors (including, but not limited to, attorneys, accountants and third party consultants) (collectively, “Representatives”) without Aternity’s prior written consent and you will remain responsible for your affiliate’s and Representative’s compliance with this paragraph. You may make disclosures required by law or court order provided you use diligent reasonable efforts to limit disclosure and to obtain confidential treatment or a protective order and have allowed Aternity to participate in the proceeding. These terms do not apply to any information that: (i) is or becomes generally known to the public without breach of any obligation owed to Aternity, (ii) was known to you prior to its disclosure by Aternity without breach of any obligation owed to Aternity, (iii) is rightfully disclosed to you by a third party without restriction, or (iv) was independently developed by you. You agree that any Aternity Confidential Information is provided “as is” without any warranties and shall not be relied upon for purchase of product or services.