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1.1 GE Aviation Systems Ltd (“Provider”) and You (“Recipient”) have entered into a Licence Agreement (“LA”) for the purposes of accessing the documentation stored in this online application (“App”).
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1.2 Confidential Information means all confidential or proprietary information (however recorded or preserved) that is disclosed or made available (in any form or medium), directly or indirectly, by the Provider to the Recipient in this App.
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1.3 In consideration of the Provider agreeing to disclose Confidential Information to the Recipient, the Recipient undertakes to the Provider that it shall:
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(a) keep the Confidential Information secret and confidential;
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(b) not use or exploit the Confidential Information in any way, except for or in connection with the permitted use set out in the LA; and
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(c) only make disclosure of the Confidential Information in accordance with paragraph 1.4 and paragraph 1.5. Any other disclosure can only be made with the Provider's prior written consent.
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1.4 The Recipient may only disclose the Confidential Information to these employees that are permitted to receive the Confidential Information pursuant to the LA. The Recipient procures that each such person to whom the Confidential Information is disclosed complies with the obligations set out in the Licence Agreement and the terms set out here as if they were the Recipient.
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1.5 The Recipient may disclose the Confidential Information to the minimum extent required by:
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(a) any order of any court of competent jurisdiction or any regulatory, judicial, governmental or similar body or taxation authority of competent jurisdiction;
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(b) the rules of any listing authority or stock exchange on which the Recipient's shares are listed; or
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(c) the laws or regulations of any country to which the Recipient's affairs are subject.
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2. Term and termination
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2.1 The Provider reserves the right to revoke access to the Recipient at any time where is considers there has been a breach of the non-disclosure statement.
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2.2 The obligations of the Recipient, with respect to the Confidential Information, shall continue indefinitely.
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2.3 The termination of this Agreement shall not affect any accrued rights or remedies to which either party is entitled.
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3. Acknowledgment and inadequacy of damages
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The Recipient acknowledges and agrees that:
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(a) the Confidential Information may not be accurate or complete and the Provider makes no warranty or representation (whether express or implied) concerning the Confidential Information, or its accuracy or completeness; and
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(b) damages alone would not be an adequate remedy for any breach of the terms of this letter Agreement by the Recipient. Accordingly, the Provider shall be entitled to the remedies of injunction, specific performance or other equitable relief for any threatened or actual breach of the terms of this letter Agreement.
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4. Governing law and jurisdiction
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4.1 This Non-Disclosure Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the law of England and Wales.
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Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this letter Agreement or its subject matter or formation.
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