Non Disclosure Agreement

As part of the Matchmaking Platform (“the Platform”) established by

European Writers Club

c/o Vision Denmark

Company no. 40144196

Bernhard Bangs Allé 25

2000 Frederiksberg

Denmark

(“EWC”)

The participant, who will join the Platform as either writer, producer, director or broadcaster, (“the Participant”) hereby acknowledges and agrees that this agreement (“the Agreement”) is made to assure the protection and preservation of the confidential and/or proprietary nature of documents and/or information to be shared between ECW and each of the parties joining the Platform, including the Participant.

Subject to the terms and conditions set forth herein the Participant acknowledges and agrees that certain information and/or documents, which will be uploaded and shared on the Platform and that said information and/or documents provided by a participant in question will remain confidential and protected, i.e. cannot be used by the users of the Platform, including EWC and the Participant, without the prior written approval by the participant holding the rights in and to the information and/or documents provided.

Now, therefore, each EWC and the Participant hereby agree as follows:

1. When joining the Platform the Participant will be granted access to certain information and/or documents that may be regarded as confidential (“the Confidential Information”) and in consideration of the provision of such Confidential Information the Participant hereby undertakes to accept and comply with the following terms and conditions:

  1. The Participant will maintain the Confidential Information in the strictest confidence and will not divulge any of the Confidential Information to any third party.
  1. The Participant will not make use of the Confidential Information other than strictly limited to the purpose of joining the Platform and/or reviewing and providing Participant’s possible comments to the Confidential Information .
  1. The Participant acknowledges the proprietary rights in the Confidential Information and that the disclosure of the Confidential Information shall not be deemed to confer upon the Participant any rights whatsoever in respect of any part thereof.
  1. The Participant will take only such copies of any document or other material (in whatsoever medium) embodying any of the Confidential Information as are reasonably necessary for the purpose of the Platform and/or this Agreement and shall if requested at any time by EWC or the participant in question, who has uploaded/provided the Confidential Information, will either return to EWC or the participant in question or destroy all or any of the documents or other material containing or embodying the Confidential Information together with any copies thereof
  • The Participant further acknowledge and confirm as follows:
  • The provisions of this Agreement shall continue in effect as long as the Participant joins the Matchmaking Platform.
  • That the Confidential Information is highly confidential and commercially sensitive, disclosure of the Confidential Information may cause irreparable damage to EWC or the participant in question, who has uploaded/provided the Confidential Information and any use or outside knowledge of the Confidential Information may be highly damaging to EWC’s business and interests as well as to the participant in question, who has uploaded/provided the Confidential Information.
  • The Participant agrees to indemnify and keep EWC and the participant in question, who has uploaded/provided the Confidential Information indemnified against any and all loss arising from any disclosure or unauthorised use of the Confidential Information by the Participant or its advisers, agents, representatives or any associates.
  • The restrictions on use or disclosure of the Confidential Information will not apply to:
  • any information which is generally available to the public (provided this has not happened because of a breach of this Agreement or any other duty of confidentiality);
  • any information received by the Participant from third parties, who are not subject to any confidentiality obligations in respect thereof;
  • any information which is required by law to be disclosed pursuant to an Order of a Court or equivalent authority.
  • The foregoing constitutes the entire Agreement between the parties with respect to the Confidential Information and supersedes and cancels any prior representation, understanding and commitment (whether oral or written) between the parties with respect to the Confidential Information. The terms of this Agreement can only be changed by a written document, agreed upon by both of the parties and signed by duly authorised persons thereof. 
  • If at any time any provision of this Agreement is found to be illegal, unenforceable or invalid in whole or in part, then the remaining portions of such provisions and other provisions of this Agreement continues to be binding and in full force and effect.
  • The provisions hereof shall be governed and construed by Danish law, and by the acceptance hereof the Parties agree to submit themselves to the exclusive jurisdiction of the Danish Courts.

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