This Agreement is made between you (the individual accessing the Proprietary Information and any single legal entity on behalf of which you are acting)(“You” or “you”) and AvePoint, Inc. (“AvePoint”), having a principal place of business at 525 Washington Blvd, Suite 1400, Jersey City, NJ 07310.
BY CLICKING THE “I ACCEPT” BUTTON LOCATED ON THIS PAGE, YOU ARE ELECTRONICALLY SIGNING AND THEREBY AGREEING TO BE BOUND BY ALL OF THE TERMS OF THIS CONFIDENTIALITY AND NONDISCLOSURE AGREEMENT (THE “AGREEMENT”). IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, PLEASE CLICK THE “I DO NOT ACCEPT” BUTTON. IF YOU DO NOT ACCPET THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE PARTNER PORTAL OR PROPRIETARY INFORMATION.
AvePoint wishes (i) to protect and preserve the confidential and/or proprietary nature of information and materials that may be disclosed or made available to you in connection with the use and access of AvePoint’s Partner Portal (the “Partner Portal”) and (ii) to provide partners access to the Partner Portal for the purpose of obtaining knowledge, information and materials to better recommend and sell AvePoint's products (the “Purpose”); and therefore:
1. Proprietary Information, Ownership, Non-Disclosure and Remedies. “Proprietary Information” means the AvePoint Partner Portal and any and all information and materials disclosed during the course of or otherwise in connection with the access and use of the Partner Portal, including, without limitation, all content on all web pages associated with the Partner Portal. All materials and Proprietary Information of AvePoint on the Partner Portal shall remain the sole and exclusive property of AvePoint. No warranties of any kind are given by AvePoint with respect to any Proprietary Information or any use thereof, and the Proprietary Information is provided on an “AS IS” basis. You shall hold all Proprietary Information in strict confidence and shall be used solely to advance the best interests of AvePoint. You shall not use any Proprietary Information for the benefit of yourself or any third party or for any purpose other than for obtaining knowledge, information and materials to better recommend and sell AvePoint’s products. The obligations in this Agreement shall survive and continue perpetually. You agree that, due to the unique nature of the Proprietary Information, (i) the unauthorized disclosure or (ii) the use of the Proprietary Information beyond the Purpose, shall cause irreparable harm and significant damage to AvePoint. Therefore, you agree that AvePoint, in addition to any other available remedies, shall have the right to an immediate injunction and other equitable relief enjoining any breach or threatened breach of this Agreement.
2. Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter. No amendment, cancellation, modification, or waiver of any provision of this Agreement shall be effective. The waiver by either party of a default under any provision of this of this Agreement shall not be construed as a waiver of any subsequent default under the same or asny other provision, nor shall any delay or omission on the part of either party to exercise or avail itself of any right remedy. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without reference to its conflicts of laws provisions. This Agreement and the rights and obligations hereunder may not be assigned or delegated by You, in whole or part, whether voluntarily, by operation of law, change of control, or otherwise, without the prior written consent of AvePoint. Subject to the foregoing, this Agreement shall be binding upon and insure to the benefit of the parties and their respective successors and permitted assigns. The parties are independent, and neither party shall have any authority of any kind to bind the other party in any resect whatsoever.
BY CLICKING ON THE “I ACCEPT” BUTTON BELOW, YOU ACKNOWLEGE THAT (1) YOU HAVE READ AND REVIEWED THIS AGREEMENT IN ITS ENTIRETY, (2) YOU AGREE TO BE BOUND BY THIS AGRREMENT, (3) THE INDIVIDUAL SO CLICKING HAS THE POWER, AUTHORITY AND LEGAL RIGHT TO ENTER INTO THIS AGREEMENT ON BEHALF OF YOU AND, AND (4) BY SO CLICKING, THIS AGREEMENT CONSITITUTES BINDING AND ENFORCEABLE OBLIGATIONS OF YOU.