Kamara Ltd has developed an project called “Kamara” (hereinafter called “project”). Some of the details of project will be made available to you by entering the following closed website area. It is essential that the information provided is kept confidential. Therefore before entering the following website area you have to agree to the Dis-claimer and the Non Disclosure of the provided Information. By accepting the terms and conditions you confirm that you fully agree with all provisions under A and B outlined in this agreement.
All data displayed in the closed area of the website of Kamara Ltd specifically aims to provide general information on the project. The project is here neither offered nor distributed, in particular not to US, Russian, and Chinese residents, citizens and domiciled enterprises.
All data provided is intended for information purposes only. The information provid-ed on this webpage and its subpages is thus NOT an offer, but provides non-binding information concerning the project. The information provided on this closed website area are intended solely for the closed user group of the Kamara Ltd webpage. Nothing in this site should be construed as an offer or the solicitation of an offer for an investment, or to engage in any other transaction, gratuitous or nongratuitous.
The content provided on this closed website area has been compiled with meticu-lous care and to the best of the knowledge of Kamara Ltd. However Kamara Ltd cannot assume any liability for the up-to-dateness, completeness, availability or ac-curacy of any of the provided information.
B Non Disclosure Agreement
“Confidential Information” means and includes all information whether commercial, financial, technical or otherwise, including without limitation all secret or confiden-tial information of Kamara Ltd and the project made available to you by entering the following website area.
2. Non disclosure
You shall keep in strict confidence all information that is not in the public domain, and you will use your best efforts to ensure that Personnel, Affiliates and Affiliates’ Personnel and professional advisers will not receive, use or disclose such infor-mation to any third party. You will exercise no lesser degree of care in relation to Confidential Information than it would apply to your own Confidential Information and that is applied to confidential information in general. Furthermore Confidential Information shall not be used for any purpose except in connection with project.
3. Permitted disclosure
The following disclosures shall not constitute a breach of this Agreement: (a) a dis-closure authorized in writing by Kamara Ltd.; (b) publication of Confidential Infor-mation in accordance with a statutory or other regulatory requirement or pursuant to an order of a competent court or tribunal; (c) a disclosure made to any regulator or stock exchange to the extent that such disclosure is a legal requirement.
4. Non-confidential information
The provisions of this Agreement do not apply to any Confidential Information which (a) enters into the public domain other than by reason of a breach of this Agreement; (b) is known to the Party to which it is disclosed at the time of its disclosure.
5. Duration of the duty of confidentiality
The obligations of confidentiality in this Agreement shall continue for five (5) years from the date receiving such information.
6. Return of Materials
Upon Kamara Ltd’s request, the User will promptly return to Kamara Ltd all tangible items containing or consisting of Kamara Ltd. Confidential Information and all cop-ies thereof and delete all non tangible information and, if so also requested, in con-nection therewith, certify by means of written document duly signed by a legal rep-resentative that the provision of this article has been respected.
7. No announcement
Neither Party shall make any press announcements concerning this Agreement or publicize this Agreement in any way without the prior written consent of the other Party.
8. Conventional Penalty
In case of any breach of this agreement respectively of any disclosure of confiden-tial information, Kamara Ltd is entitled to the payment of a conventional penalty by the disclosing Party in the amount of CHF 100’000.00 per case and of compensa-tion of any loss beyond this amount.
9. Governing Law / Place of Juristiction
This Agreement shall be subject to, be governed by, and construed in accordance with the substantive laws of Switzerland.
All disputes arising out of or in connection with this Agreement shall be subject to exclusive jurisdiction of the ordinary courts in Zug. Disputes may not be maintained anywhere else.
Herewith I (the User) confirm to have read this agreement and to not be a citizen, resident or domiciled enterprise of/in the United States of America (USA), Russia or China.