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It is agreed that the following shall not be considered Confidential Information: (i) information that is
already known to the Receiving Party at the time of disclosure, as such may be evidenced in the
Receiving Party’s written records; (ii) information that is or becomes known to the general public through
no act or omission of the Receiving Party in breach of this Agreement; (iii) information that is disclosed to
the Receiving Party by a third party who is not in breach of an obligation of confidentiality; or (iv)
information that was or is independently developed by the Receiving Party without use of any of the
Confidential Information, as such may be evidenced in the Receiving Party’s written records.
It is further agreed that the Receiving Party may disclose any information pursuant to a court order,
provided the Receiving Party notifies the Disclosing Party of such order and uses reasonable efforts to
limit such disclosure only to the extent required. For avoidance of doubt, the source code of the Product
constitutes Confidential Information of CoreTigo.
16. Injunctive Relief. Each party agrees that the wrongful disclosure of Confidential Information may
cause irreparable injury that is inadequately compensable in monetary damages. Accordingly,
and notwithstanding Section 18 below, either party may seek injunctive relief in any court of
competent jurisdiction for the breach or threatened breach of this Section in addition to any other
remedies in law or equity.
17. Term and Termination.
17.1. This Agreement shall become valid on the Effective Date and shall remain in effect until
completion of the Evaluation Period, unless earlier terminated as provided below.
17.2. Either party shall have the right to terminate this Agreement upon 7 days’ prior written
notice to the other party.
17.3. The license granted for the Evaluation shall terminate immediately upon written notice from
CoreTigo in the event of Company’s use of the Product for purposes other than the
Evaluation and/or any other failure of Company to comply with any provision of this
Agreement.
17.4. Upon the earlier of expiration or termination of this Agreement: (i) the license granted
hereunder shall immediately terminate; (ii) Company shall return or, at Company’s request,
the Product and all of CoreTigo’s Confidential Information to CoreTigo and shall destroy all
copies of the Product contained in any of its systems, and (iii) CoreTigo shall erase or
otherwise destroy all copies of the Company’s Confidential Information, which was
disclosed to CoreTigo under this Agreement. Upon request of either party, the other party
shall certify in writing to the other its compliance with the terms of this Section 17.4.
17.5. Without derogating from any of the terms set forth above, Company further agrees that
following the expiration or termination of this Agreement it shall not make any commercial
use whatsoever of the content optimized by using the Product.
18. General. If any provision, or part thereof, of this Agreement is held to be unenforceable for any
reason, such provision shall be reformed only to the extent necessary to make it enforceable and
such reform shall not affect the enforceability of such provision under other circumstances, or of
the remaining provisions hereof under all circumstances. This Agreement shall be governed by
and construed in accordance with the laws of the State of Israel and only the competent courts of
Tel Aviv-Jaffa shall have jurisdiction over any dispute arising from this Agreement.
The following Sections shall survive termination of this Agreement: 4, 6, 7, 8, 10, 11, 13, 15, 16, 17.3,
17.4, 17.5 and 18.
Company shall not assign and/or subcontract any of its rights and obligations under this Agreement,
except with CoreTigo’s prior written consent. CoreTigo may assign any of its rights and/or obligations
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