terms and conditions of access to Venda Online Documentation
04244828 and whose registered office address is 101 St Martins Lane, London, WC2N 4AZ (“Venda”)
NOW IT IS HEREBY AGREED as follows:
1 DEFINITIONS AND INTERPRETATION
other material incorporating all, part of, or referring to, such information) disclosed directly or indirectly by any and all means, methods and formats by Venda at www.venda.com/docs ;
“Venda Online Documentation” means the documentation contained in www.venda.com/docs ;
“Purpose” means for the purpose of building and maintaining web sites, and their integration points, on the Venda platform; and
1.2 Any reference to a "person" includes a reference to a body corporate, association or
partnership and to that person's successors, licensees and permitted assignees.
1.4 In the interpretation of this Agreement the phrases "other", "including" and "in particular"
shall not limit the generality of any following words or be construed as being limited to the same class as the following words where a wider construction is possible.
2.1 In consideration of the disclosure of the Confidential Information by Venda to You, You accept that such Confidential Information is proprietary to Venda or its licensors and you undertake to the Venda, during the Term:
2.1.2 to keep all Confidential Information at all times confidential, secure and protected against theft, damage, loss or unauthorised access and not to disclose any Confidential Information (other than in accordance with Clause 3);
2.1.4 to make not make any copies or reproductions of the Confidential Information other than as authorized in writing by Venda, and where such permission has been given, only as is strictly necessary to fulfill the Purpose and to keep all such Confidential Information (including any and all copies, images, documents, computer files or other materials incorporating or referring to any of the Confidential Information) separate from all other documents and materials and in a secure place; and
3 EXCLUDED INFORMATION
You can demonstrate:
3.1.1 was at the time of this Agreement in, or has subsequently come into, the public domain other than as a result of a breach of this Agreement;
5.1 Each Party undertakes to the other that it is entitled to enter this Agreement and to perform its respective obligations herein. Neither Party makes any warranty, undertaking or representation about the validity, completeness or accuracy of the Confidential Information.
5.3 No right or licence is granted by either Party to the other in relation to the Confidential
Information except as is strictly required for the fulfillment of the Purpose.
5.5 If any provision of this Agreement is held by any competent court or regulatory authority to be void or unenforceable in whole or in part and such provision is not fundamental to the Purpose, this Agreement shall continue in force in relation to the unaffected provisions and the remainder of the provision in question and the Parties shall negotiate in good faith (a) replacement term(s) for the affected provision in order to achieve as closely as possible the original intentions of the Parties.
5.7 You acknowledge that damages would not be an adequate remedy for a breach of this Agreement and that Venda is entitled to the remedy of injunction, specific performance and/or other equitable relief for a threatened or actual breach of this Agreement.