eTransmittal has established a Privacy Policy to explain to Users how their information is collected and used, which you can read on our Site. Your use of the Services signifies acknowledgment of your agreement to the eTransmittal Privacy Policy. You further acknowledge and agree that eTransmittal may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these Terms of Service, or, in its sole discretion, to protect the rights, property, or personal safety of eTransmittal, its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.
PROTECTION OF CONFIDENTIAL INFORMATION
Obligation to Protect Confidential Information. The parties agree that unless required by law, they shall not make each other's Confidential Information available in any form to any third party or to use each other's Confidential Information for any purpose other than the implementation of this Agreement. Each party agrees to take reasonable steps to ensure that Confidential Information is not disclosed or distributed by its employees or agents in violation of the terms of this Agreement. The agreement for confidentiality contained in this Section shall survive termination of this Agreement.
Definition of Confidential Information. Without limitation, Licensor's "Confidential Information" shall include the Software source code and the Software Trade Secrets contained in the Software. Licensee acknowledges and agrees that the Software, Software Trade Secrets, and portions of the User Documentation constitute and contain valuable proprietary information, products and trade secrets of Licensor, embodying substantial creative efforts, information, ideas, and expressions. Licensee agrees to not reverse decompile or reverse engineer the Software. While Licensor will endeavor to store User data in secure data systems, User acknowledges and agrees that "Confidential Information" shall NOT include Licensee's information which is stored on the eTransmittal data servers or transmitted via eTransmittal unless we have agreed in advance and in writing to recognize a specified data file or transmission as Confidential Information which is governed by this section. "Confidential Information" shall include Licensee's proprietary information which is disclosed to Licensor during the performance of support and warranty services provided that the proprietary information is specifically identified as such in writing prior to the commencement of the support and warranty services. "Confidential Information" shall also include such proprietary and confidential information in Licensee's other software products, to which Licensor's personnel may have access in the performance of support services described herein.
Exclusions from Definition of Confidential Information. A party's "Confidential Information" shall not include information that: (a) is or becomes a part of the public domain through no act or omission of the other party; (b) was in the other party's lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; (c) is lawfully disclosed to the other party by a third party without restriction on disclosure; (d) is independently developed by the other party; or (e) is required to be disclosed by any judicial or governmental requirement or order (provided that the recipient timely advises the disclosing party of the governmental demand for disclosure).
Right to Injunctive Relief. Both parties acknowledge that the unauthorized use, transfer or disclosure of the Confidential Information of the other party will (a) substantially diminish the value to the aggrieved party of the Confidential Information and other proprietary interests that are the subject of this Agreement; (b) render the aggrieved party's remedy at law for such unauthorized use, disclosure or transfer inadequate; and (c) cause irreparable injury in a short period of time. If either party breaches any of its obligations with respect to the use of either party's Confidential Information, the aggrieved party shall upon the posting of a bond in an amount not to exceed $1,000 be entitled to equitable relief to protect its interests therein, including, but not limited to, preliminary and/or permanent injunctive relief.