A Breakthrough in Omega-3 Ingredient Solutions for Liquid Applications

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Do you accept the terms and conditions in the Sampling Agreement below?

CONFIDENTIALITY AGREEMENT

RECIPIENT’S ACCEPTANCE AND/OR USE OF THE PRODUCT INFORMATION AND SAMPLES AUTOMATICALLY CONSTITUTES ACCEPTANCE OF THIS CONFIDENTALITY AGREEMENT (THIS “AGREEMENT”) AND ITS TERMS.

IF RECIPIENT DOES NOT AGREE TO THE TERMS OF THIS AGREEMENT, RECIPIENT MUST IMMEDIATELY, BUT NOT LATER THAN TWO (2) BUSINESS DAYS FOLLOWING RECEIPT OF THE PRODUCT INFORMATION AND SAMPLES, NOTIFY OCEANS OMEGA L.L.C. IN WRITING AND RETURN THE PRODUCT INFORMATION AND SAMPLES TO OCEANS OMEGA L.L.C.   

Recipient has requested information (collectively, “Product Information and Samples”), including product specification sheets and product samples, on one or more of OO’s emulsion product and finished product samples (“Product”) for the purpose of Recipient to evaluate said Products and determine on whether to engage in further collaboration or a supply agreement with OO for said Products (the “Purpose”). Such Product Information and Samples are proprietary, confidential and protected by OO’s patents and other intellectual property rights.

As good and valuable consideration for OO providing Recipient with the Product Information and Samples, Recipient acknowledges agrees to, and accepts this Agreement and will abide by its terms, and shall not, directly or indirectly, leak, disclose, transfer, provide or grant access to any of the Product Information and Samples to any third party.

Recipient further agrees:

1. The Product Information and Samples shall only be used for the Purpose and shall be kept confidential using due care from the time they are acquired until the time they are destroyed, returned to OO, or this Agreement is superseded by subsequent agreements; The Product Information and Samples shall never be leaked, disclosed or transferred to parties not named in this Agreement. 

2. If Recipient is legally compelled to disclose or transfer any of the Product Information and Samples, Recipient will timely notify and seek prior written approval from OO before making any disclosure or transfer.

3. Recipient agrees it will not reverse engineer, or run tests to determine the composition of, the Product samples.

4. All rights, title and interest in and to the Product Information and Samples are and shall remain the exclusive property of OO, and Recipient shall not file any patent applications using the Product Information and Samples. 

5. This Agreement shall remain in full force and effect until the Product Information and Samples are destroyed, returned to OO, or the parties enter into a subsequent agreement superseding this Agreement.  Notwithstanding, the obligations of confidentiality and non-use and Sections 3, 4, 6 and 7 shall survive expiration or termination of this Agreement.

6. This Agreement shall be exclusively governed by the laws of the State of New Jersey, excluding its conflicts of law provisions.  

7. Recipient agrees that OO shall not be liable for (a) the manner or use of the Product Information and Samples by Recipient, or (b) any indirect, special or consequential damages due to or arising out of the Product Information and Samples. OO DISCLAIMS ALL WARRANTIES EXPRESS OR IMPLIED WITH RESPECT TO THE PRODUCT INFORMATION AND SAMPLES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

 

Yours truly,

OCEANS OMEGA, L.L.C.

(signed)

By: Volker Berl, CEO

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