Terms of Use
Anakage Technologies Pvt. Ltd
THIS AGREEMENT is
BETWEEN
Anakage Technologies Private Limited, a company incorporated and registered under the Companies Act, 2013 and having its registered office at Flat no B-301, Ajmera Green Acres, Bannerghatta Road, Kalena Agrahara, Bangalore- 560076 hereinafter referred to “Licensor” or “Anakage” and the entity agreeing to this Agreement hereinafter referred to “Licensee”. This agreement governs access to and use of the ANKapp for Teams Service (the “Services”) by the Licensee.
WHEREAS, Licensor is in the business of providing license for its Software Products and Services delivered via software as a service (SaaS).
An authorized person of the Licensee is required to accept this Agreement on behalf of the Licensee as a condition for accessing and use the Services. By accepting this Agreement, you confirm that you have reviewed the Agreement on behalf of the Licensee and you are warranting to ANKapp that you are authorized to accept and make legally binding this Agreement on behalf the of Licensee.
We continually test various aspects of our Services, including but not limited to our website, software, user interfaces, service levels, plans, promotional features, and pricing. We reserve the right to, and you agree that we may, include Licensee in or exclude Licensee from these tests without notice.
To the extent that ANKapp is processing information provided by Licensee that is subject to data protection laws, you agree to the processing and transfer of personal data according to the Privacy Policy and relevant data protection laws.
NOW, THEREFORE, in consideration of the promises and mutual agreements herein, Licensee and Licensor agree as follows:
1. DEFINITIONS & INTERPRETATION
1.1. The following words and expressions shall have the following meanings:
| “Invoicing Period” | means the period for which Licensee is charged when using the Services. The start of this period is the date of the first payment. The end of this period is the same date of a relevant year or month according to the Subscription. |
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| Confidential Information | means confidential or proprietary data or information disclosed by one Party to the other Party under this Agreement, whether in written, graphic, machine recognizable, electronic, sample, or any other visually perceptible form, or in oral form, which is clearly designated as “confidential” or “proprietary” at the time of disclosure or which would reasonably be understood to be confidential under the circumstances (including all business, technical, and financial information; |
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| Contracts Act | means the Indian Contract Act 1872; |
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| Deliverables | a means SaaS that is given to Licensee. Deliverables typically but not limited to include: SaaS deployment services, SaaS training and support documentation, custom software development services and new solutions on SaaS platform.; |
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| Effective Date | means the date this Agreement is last signed by a party to this Agreement. Fees mean the amounts invoiced to Licensee by ANKapp for using the Services and their features. |
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| Service Limits | means rate, number of Team Members or other limits on Licensee’s use of the Services as described in an applicable Subscription. |
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| Force Majeure | means any circumstances preventing either party from performing any or all of its obligations that are attributable to acts, events, omissions or accidents beyond the reasonable control of a party (including, act of God, war, compliance with any law or governmental order, rule, regulation or direction, fire, flood, terrorist attack but expressly excluding strikes, lock-outs or industrial disputes of the Licensor’s workforce); |
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| Intellectual Property Rights | means patents, trade marks, service marks, design rights (whether registrable or otherwise), copyrights, know-how, rights in databases and other similar rights or obligations whether registrable or not ; |
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| Software as a Service [SaaS] | means the Licensor’s proprietary software that is hosted on the Hosting Servers and available at endpoints (windows Laptops/Desktops) which Licensee or it’s assigned End User is permitted to Use and any accompanying documentation and any other documentation provided from time to time in conjunction with SaaS; |
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| License type | means "End Point License" means a License Type with the right to Use Software on the number of physical End Points (Laptops or Desktops) as specified on an Order. "Unique User License" means a License Type with the right to Use Software by a designated user at one time. |
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| Subscription | means the terms of the use of the Services chosen by the Licensee |
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| Software | means all such computer programs, operating systems, data base, applications software, and manufacturer-supplied software or any other software owned by or licensed to the Licensee, for use along with the Equipment if applicable; |
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| User | means Licensee or an person who is authorized by the Licensee or its affiliates/associates/group companies/customers to Use the Software (SaaS or OnPremise) and who has been supplied user identification and passwords by the Licensee (in compliance with the requirements specified in this regard by the Licensee ) including but not limited to the Licensee’s employees, consultants, customers, contractors and agents. |
2. Rights Granted and Restriction
| 2.1 | Subject to the terms and conditions of this Agreement, the Licensor grants to Licensee non-exclusive license : (i) to use the Software (SaaS) and the Documentation licensed in accordance with this Agreement; (ii) to provide access to and use of the SaaS to its permitted affiliates/assocates/Group companies and authorized End Users in accordance with this Agreement; and (iii) to provide Licenses. |
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| 2.2 | Restrictions and Limitations: Licensee and each Licensee-selected End User will have no claim to the copyrights, trade secrets, patents, trademarks or other proprietary rights in the Proprietary Information. The License includes the right to defect corrections, updates, enhancements or new releases of the SaaS. |
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| 2.3 | This Agreement confers no title or ownership and is not a sale of any rights in the Software (SaaS). Third-party suppliers are intended beneficiaries under this Agreement and independently may protect their rights in the SaaS in the event of any infringement. All rights not expressly granted to the Licensee are reserved solely to Licensor or its suppliers. Licensor retains all ownership and intellectual property rights to anything developed and delivered under the Agreement. Nothing herein should be construed as granting the Licensee a license relating to Software or the Services other than as expressly stated above in this section 2. |
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| 2.4 | Licensee agrees not to reverse engineer, decompile, disassemble or create derivative works of the SaaS, except and only to the extent that the right to do so is mandated under applicable law. |
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| 2.5 | The Lisencee agrees not to use or permit use of the services, including by uploading, emailing, posting, publishing, or otherwise transmitting any material, for any purpose that may (a) menace or harass any person or cause damage or injury to any person or property, (b) involve the publication of any material that is false, defamatory, harassing or obscene, (c) violate privacy rights or promote bigotry, racism, hatred or harm, (d) constitute unsolicited bulk e-mail, “junk mail”, “spam” or chain letters; (e) constitutes an infringement of intellectual property or other proprietary rights, or (f) otherwise violate applicable laws, ordinances or regulations. In addition to any other rights afforded to Licensor under the Agreement, Licensor reserves the right to remove or disable access to any material that violates the foregoing restrictions. Licensor shall have no liability to the Licensee in the event that Licensor takes such action. The Licensee agrees to defend and indemnify Licensor against any claim arising out of a violation of its obligations under this section. |
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| 2.6 | The Licensor authorises the Licensee that Licensee shall have right to describe itself in all dealings with the licenses to its Customer and in all associated advertising and promotional material as "powered by Anakage”. |
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| 2.7 | Licensor may compile statistical information related to the performance of the services, and may make such information publicly available, provided that such information does not incorporate the Licensee’s data and/or identify the confidential information of the Licensee or include the Licensee’s name. Licensor retains all intellectual property rights in such information. |
3. REPRESENTATIONS AND WARRANTIES
In the provision of the SaaS & Professional Services to Licensee, the Licensor represents and warrants to Licensee that:
| 3.1 | It is a company of sound financial standing and is duly incorporated and existing under the laws of India and has all requisite corporate power and authority to enter into and complete this Agreement, which has been executed by a duly authorized representative of Licensor; |
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| 3.2 | It shall act towards Licensee conscientiously and in good faith and not allow its interests to conflict with the duties it owes to Licensee under this Agreement and the general law. Except as expressly authorised by Licensee, it will not act in a way manner which will incur any liabilities on behalf of Licensee; |
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| 3.3 | Representations and Warranties for SaaS - Licensor warrants that the use of SaaS by Licensee as described in this Agreement shall not infringe any rights of any third party and that the SaaS is free from any third party claims, and is not subject to any third party liens that would interfere with Licensee’s use of such SaaS in accordance with the terms of this Agreement. Licensor represents, warrants and states as a condition of this Agreement that Licensor will advise Licensee in writing of any Third-Party Software provided to Licensee under this Agreement. Any such Third-Party Software will be licensed to Licensee under and subject solely to the license rights stated in this Agreement. Licensor represents, warrants and states as a condition of this Agreement that Licensor has the rights necessary to convey the rights regarding such third-party Software, including, any open source software. |
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| 3.4 | The Licensor represents that it is a micro or small enterprise [whichever is applicable] within the meaning prescribed under the Micro Small and Medium Enterprises Development Act, 2006 (“MSMED Act”) and shall periodically submit such documentation as may be required by Reseller to determine their status as a micro or small [whichever is applicable] enterprise. The Licensor further represents that they will promptly inform Reseller in the event of any change in their status under the MSMED Act and in no event later than 30 days of change of such status. |
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| 3.5 | The Licensee represents and warrants that it has full authority to bind all the person who will be using the SaaS on its behalf. The Licensee expressly agrees that it shall be liable for the commission and omission of all the person who use the SaaS on its behalf. The Licensee further agrees to ensure that such personsare made aware of all the restrictions regarding the license and usage of SaaS as contained herein and to ensure that all such person are legally bound by stipulations that are at least as restrictive in nature as contained herein. |
4. FEES & TAXES
| 4.1 | The use of ANKapp is subject to Fees. The Licensee must select a subscription in order to use SaaS. The applicable Fees are charged in advance on a monthly or annual payment basis. The licensee will be charged the annual or monthly rate stated at the time of purchase as one lump sum. The first payment defines the start and the end of the invoicing period according to a chosen Subscription. Licensee can add additional Team Members or additional devices at any time Additional Team Members are priced at the rates available at the time of purchase and prorated based on the days remaining up to the end of the invocing period. |
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| 4.2 | Renewal of Subscription- The Subscription of ANKapp will renew automatically, on the date of the end of the invoicing period, until Licensee cancels it. Renewal rates are subject to change, but Licensee will be notified of any change in its rate with the option to cancel in accordance with this Agreement. |
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| 4.3 | All the Fees are non refundable and no credit will be available irrespective of partially use of ANKapp in the subscription period. |
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| 4.4 | The Fees if any listed in this Agreement do not include taxes; if Licensor is required to pay sales, use, property, value-added or other taxes based on the licenses or services granted in this Agreement or on Licensee's use of SaaS, then such taxes shall be added to and paid by Licensee. The Licensee shall not be held liable for any taxes applicable to Licensor based on Licensor's income earned out of the jurisdiction |
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| 4.5 | Licensee shall be responsible to uninstall the software when the subscription ends. |
5. INTELLECTUAL PROPERTY RIGHTS
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Licensor will continue to own intellectual property (“IP”) on its SaaS and source code. Any alterations to Licensor’s SaaS arising out of discovery during Licensee or it’s End Users implementation to increase the SaaS’s effectiveness will continue to be Licensor’s IP.
Licensor acknowledges that in the course of the use of Software, Licensee may use SaaS, materials or methodologies proprietary to Licensee or a third party or Licensee may produce proprietary materials or methodologies that are not part of the deliverables. Licensor agrees that they will not have nor obtain rights in such proprietary SaaS, materials and methodologies. For the avoidance of doubt, Licensee will own all the deliverables it develops for Licensee or Licensee’s customer except Licensor’s Anakage’s platform. The above terms and conditions are not bound by any timeline or period. |
6. Indemnity
| 6.1 Licensor Indemnity: |
| (a) | Licensor will defend and indemnify Licensee against a third party claim that any information, design, specification, instruction, software, service, data, or material provided by Licensor (“Material”) infringes a copyright or patent or other intellectual property right, provided that: (i) Licensee notifies Licensor in writing within thirty (30) days of the claim; and (ii) Licensor has sole control of the defense and all related settlement negotiations; and (iii) Licensee provides Licensor with the assistance, information and authority necessary to perform Licensor's obligations under this section. |
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| (b) | Notwithstanding the foregoing, Licensor shall have no liability for any claim or infringement based on or arising from: (i) Licensor’s compliance with Licensee or third party designs, specifications, instructions, or technical information or use of the Licensee Data or Licensee Material; or (ii) modifications to the Material made by Licensee or a third party; or (iii) Licensee non-compliance with the Documentation or any instructions provided by Licensor with respect to the usage of the Software or the Services; or (iv) Licensee use of the Software with SaaS, software, or services that do not belong to Licensor; or (v) use of a superseded or altered release of Software if the infringement would have been avoided by the use of a current unaltered release of the Software which Licensor provides to the Licensee; or (vi) an infringement claim is based upon any information, design, specification, instruction, software, data, or material not furnished by Licensor, or any Material from a third party portal or other external source that is accessible to the Licensee within or from the service (e.g., a third party Web page accessed via a hyperlink); or (vii) an infringement claim is based upon the combination of any Material with any SaaS or services not provided by Licensor; or (viii) infringement caused by the actions of the Licensee against any third party if the services as delivered to the Licensee and used in accordance with the terms of the Agreement would not otherwise infringe any third party intellectual property rights. This section provides the parties’ exclusive remedy for any infringement claims or damages. |
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| (c) | If the Material is held or is believed by Licensor to infringe, Licensor shall have the option, at its expense, to (i) modify the Material to be non-infringing; or (ii) obtain for Licensee a license to continue using the Material. If it is not commercially reasonable to perform either of the above options, then Licensor may terminate the license for, and require the return of, the applicable infringing Material and refund any unused, prepaid fees the Licensee may have paid to Licensor for the Material. If such return materially affects Licensor’s ability to meet its obligations under the relevant order, Licensor may, at its option and upon thirty days prior written notice, terminate the order. This section 6.1 states Licensor's entire liability and Licensee's exclusive remedy for infringement. |
| 6.2 Licensee Indemnity: |
| (a) | (a) Licensee agrees to indemnify, defend and hold harmless Licensor from and against all damages and costs (including reasonable attorneys' fees) finally awarded against Licensor (or finally settled upon) and arising from: (i) any claim of personal injury or tangible personal property damage of whatsoever nature or kind arising, in whole or in part, out of, as a result of, or in connection with the gross negligent or willful misconduct of Licensee, its employees, subcontractors / agents; (ii) any claim brought against Licensor by a third party alleging that the Licensee Materials or Licensee Data provided by the Licensee infringe its copyright or trademark or misappropriate any trade secret in existence as of the Commencement Date; or (iii) any claim brought against Licensor by a third party arising from or relating to any modification of the Material by Licensee or any use of the Material other than as permitted under this Agreement. |
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| (b) | (b) The parties acknowledge and agree that Licensee's obligations under this section are conditioned upon the following: (i) Licensor notifies Licensee in writing within thirty (30) days of the claim; and (ii) Licensee has sole control of the defense and all related settlement negotiations; and (iii) Licensor provides Licensee with the assistance, information and authority necessary to perform Licensee's obligations under this section. |
7. LIMITATION OF LIABILITY
To the maximum extent permitted by the applicable law, in no event shall either party be liable for any indirect, incidental, special or consequential damages, or damages for loss of profits, revenue, data or use, incurred by either party or any third party, whether in an action in contract or tort, even if the other party has been advised of the possibility of such damages. Licensor’s maximum liability for any damages arising out of or related to Software as a Service hereunder, whether in contract or tort, or otherwise, shall in no event exceed, in the aggregate, the amount of fees paid by Licensee to Licensor for the Services under this Agreement that is the subject matter of the claim in the twelve months immediately preceding the event giving rise to such claim.
8. TERM & TERMINATION
| 8.1 | Term- This Agreement shall become effective on the Effective Date and shall remain in effect until the end of the Subscription period unless otherwise terminated in accordance with the provisions hereof, continue in effect for an indefinite term of years. |
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| 8.2 | Termination- Licensee may terminate this Agreement at any time by ………………………. No refund is possible under such termination. Licensor may terminate the Agreement on convenience by providing sixty (60)calendar days written notice to Licensee and will refund the prorated portion of any prepaid Fees applicable to the period after the effective date of termination. Also, Either party may terminate this Agreement at any time if the other party is in breach of any material term of this Agreement and does not remedy the breach within the thirty (30) calendar Days of the date of a written notice from the other party specifying the breach and requiring it to be remedied. If Licensee: (i) becomes insolvent; (ii) voluntarily files or has filed against it a petition under applicable bankruptcy or insolvency laws which Licensee fails to have discharged or terminated within thirty (30) calander days after filing; (iii) proposes any dissolution, composition or financial reorganization with creditors or if a receiver, trustee, custodian or similar agent is appointed or takes possession with respect to all or substantially all assets or business of Licensee; or (iv) Licensee makes a general assignment for the benefit of creditors, Licensor may immediately terminate this Agreement by giving a termination notice. |
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| 8.3 | Effect of Termination- Licensor may immediately suspend the password, account, and access to or use of particular services by the Licensee... The Licensee agrees and acknowledges that Licensor has no obligation to retain the data of the Licensee and that the data of the Licensee may be irretrievably deleted after 60 days following the termination of the Order Form. Provisions that survive termination or expiration of the Agreement are those relating to limitation of liability, infringement indemnity, payment, and others which by their nature are intended to survive. |
9. NOTICES
All notices to be given under this Agreement shall be in writing and shall be sent to the address mentioned above , or any other address the recipient may designate by notice given in accordance with this Clause 10 . Notices may be delivered personally, by registered/speed post . Notices shall be deemed to have been received:
(a) by email acknowledgement and/or hand delivery - at the time of delivery;
(b) by registered/speed post – 3 days after the date of mailing;
10. CONFIDENTIALITY
| (a) | Both parties may, during the course this Agreement, exchange and/or provide the other party with access to their Confidential Information. Confidential Information may be disclosed to the receiving party either orally, visually, in writing (including graphic material) or by way of consigned items. | ||
| (b) | The receiving party shall take all reasonable security precautions, including precautions at least equal to the precautions that it takes to protect its own confidential information, to protect the secrecy of the Confidential Information. | ||
| (c) | The receiving party may disclose Confidential Information only to its employees or consultants or contractors or agents on a need-to-know basis. Except as provided herein, the receiving party agrees to treat the same as confidential and shall not divulge, directly or indirectly, to any other person, firm, corporation, association or entity, for any purpose whatsoever, such information, and shall not make use of such information, without the prior written consent of the disclosing party. | ||
| (d) | Confidential Information may be used by the recipient party for any purpose or disclosed by the recipient Party to any other person to the extent that the Confidential Information in question:
(i) is, at the date of this Agreement or at any later date becomes, public knowledge through no fault of the recipient party as long as in so doing the recipient party does not disclose any Confidential Information which is not public knowledge; (ii) can be shown by the recipient party to the reasonable satisfaction of the other party to have been known to the recipient party prior to its being disclosed by the other party; (iii) becomes available to the recipient party on a non-confidential basis from a source other than the disclosing party; (iv) is independently developed by the recipient party without use of, or reference to, Confidential Information provided by the disclosing party, as demonstrated by tangible evidence; or (v) is furnished to the recipient party with written confirmation that such information is not Confidential Information and may be disclosed to third parties. |
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| (e) | Both Parties shall comply with the Data Protection laws as applicable which arise in connection with this Agreement and agrees to take same degree of care that is uses to protect its own information of a like nature from unauthorised disclosure but in no event less than a reasonable degree of care. | ||
| (f) | Except as specifically provided for herein, the Agreement does not confer any right, license, interest or title in, to or under the Confidential Information to the Receiving Party. Except as specifically provided for herein, no license is hereby granted to the Receiving Party, by estoppel or otherwise under any patent, trademark, copyright, trade secret or other proprietary rights of the Disclosing Party to the Confidential Information. | ||
| DISCLOSURE OF CONFIDENTIAL INFORMATION | |||
| (a) The Disclosing Party agrees to disclose the Confidential Information to the Receiving Party in accordance with the terms and conditions herein specified. | |||
| (b) The Parties acknowledge that the Confidential Information is a valuable and unique asset proprietary to the Disclosing Party. | |||
| (c) The Receiving Party agrees that it shall not during the course of the contemplated transaction or thereafter, disclose the Confidential Information to any third party for any reason or purpose whatsoever without the prior written consent of the Disclosing Party, save in accordance with the provisions of this Agreement. | |||
(d) The Receiving Party also agrees:
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| (e) The Confidential Information shall remain the sole property of the disclosing party not to confer any rights whatsoever in the Receiving Party. The disclosing party may, at any time including but not limited to on termination of this Agreement, request the recipient party to return, destroy or delete (in such a manner that it cannot be recovered) all Confidential Information (including all copies) belonging to the disclosing party in the recipient party’s possession or control. Notwithstanding anything above, Either party’s confidential obligation shall survive for five (5) years from the Effective Date. | |||
| (f) Each party agrees that the violation of the confidentiality provisions will cause irreparable injury to the other, entitling the other party to injunctive relief. The disclosure of Confidential Information will be governed by this Agreement, which supersedes any previous confidentiality or nondisclosure agreement executed by or on behalf of the parties. Any such Confidential Information will be treated as if it were disclosed under this Agreement (and this Agreement were in effect) as of the date of such exchange. |
11. Name and Trademark Protection.
Either party shall not use the other party or its Affiliate's name or trademarks in any promotional materials, endorsements or other communications with, or materials or SaaS provided to, third parties without the other party's prior written consent.
12. Illicit Code.
Except for the functions and features expressly disclosed in Licensor's user documentation, the SaaS , the Licensor has taken commercially reasonable efforts to ensure that the SaaS are free of any programs, subroutines, code, instructions, data or functions, (including but not limited to viruses, worms, date bombs or time bombs, or keys), the purpose of which is to either: (a) cause SaaS to cease operating; or (b) damage, interrupt, interfere with or hinder the operation of: (i)SaaS, (ii) the equipment configuration on which the Software resides, (iv) any other software or data on such equipment configuration, or any other system with which the equipment configuration or SaaS is capable of communicating.
13. ENTIRE AGREEMENT
This Agreement together with the documents referred to in it, constitute the entire Agreement between the parties relating to the matters with which it deals and supersedes all previous communications, representations or agreements either verbal or written between the parties in relation to the subject matter of this Agreement and no agreement or understanding varying or extending the same will be binding upon the parties unless in writing signed by authorised representatives and specifically referring to this Agreement.
14. FORCE MAJEURE
If the performance of this Agreement or any obligation hereunder (other than obligations of payment) is prevented or restricted by reasons beyond the reasonable control of a party including but not limited to failures of the internet or any public telecommunications network, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars (a “Force Majeure Event”), the party so affected shall be excused from such performance and liability to the extent of such prevention or restriction.
15. ASSIGNMENT AND THIRD PARTY RIGHTS
If the performance of this Agreement or any obligation hereunder (other than obligations of payment) is prevented or restricted by reasons beyond the reasonable control of a party including but not limited to failures of the internet or any public telecommunications network, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars (a “Force Majeure Event”), the party so affected shall be excused from such performance and liability to the extent of such prevention or restriction.
| 15.1 | This Agreement is personal to the Licensor and the Licensor shall not be entitled to assign or subcontract any of its rights or obligations and the right to receive payment under this Agreement without obtaining the prior written consent of Licensee. Subject to the foregoing:
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| 15.2 | Licensee’s rights, benefits and/or obligations under this Agreement may be assigned or novated (as appropriate) to any other member of the Licensee Group, and by such member to any other member of the Licensee Group with prior written consent of the Licensor. For the purposes of this Agreement, “Licensee Affliates/Group” means any entity, whether incorporated or not, that is controlled by or under common control with Licensee or control. |
16. WAIVER
The failure or delay by a party to exercise or enforce any right shall not prejudice or restrict the rights of that party, and a waiver of a right or of any breach of any contractual terms shall not operate as a waiver of any other right or later breach. Failure of either party to enforce compliance with any term, provision or condition of this Agreement shall not constitute a precedent.
17. SEVERABILITY
In case any one or more of the provisions of this Agreement is determined to be invalid, illegal or unenforceable in any respect, such provision shall be reformed to the minimum extent necessary to cause such provision to be valid, legal or enforceable. If no reformation is possible, then such provision shall be deemed omitted and the balance of the Agreement shall remain valid and enforceable.
18. DISPUTE RESOLUTION & GOVERNING LAW
Dispute- In the event of any dispute, the Parties will first negotiate in good faith to resolve the dispute among the parties. If the dispute cannot or has not been settled within thirty (30) days, the Parties will submit the dispute to arbitration and arbitration shall be conducted in accordance with the provisions of the Indian Arbitration and Conciliation Act, 1996 and any amendments thereof. The arbitration proceedings shall be held at Bangalore, India. The prevailing Party shall be entitled to reimbursement of all costs related to such arbitration (including reasonable attorneys’ fees) from the other Party.
Governing Law; Venue. All substantive questions of law shall be determined under the laws of India, without regard to the principles of conflicts of laws of such jurisdiction. Any arbitration will take place in Bangalore, India, or at such other place or in such other manner as is mutually agreed by the Parties.
Remedies. Notwithstanding anything herein to the contrary, in the event of an actual or imminent breach of receiving Party’s confidentiality obligations, disclosing Party shall be entitled to seek and obtain injunctive or other equitable relief, or both, in each case without the requirement to post any bond or other form of security, and without prejudice to any other available remedies.