All services offered therein are purchased separately from all software licenses agreed between the parties. In particular, the customer may acquire software licenses without acquiring consulting or training services. Customer understands and agrees that this agreement and each order is a separate and independent contractual obligation from any order regarding software licenses. Customer may not withhold payments due and payable under this Agreement due to the status of software license orders, nor May Customer withhold payments due and payable under the Software License Order due due to the status of work performed under this Agreement. 5.3 Each party agrees not to use or disclose to third parties confidential information of the other party without the explicit written consent of the other party. Each Party undertakes to protect the other Party`s Confidential Information from any use or disclosure other than as permitted by or in accordance with this Agreement and exercises a certain degree of diligence at least as protective as the xxxxx or the name of the company, in order to ensure the confidentiality of its own protected information. but nothing less than a degree of due diligence in the circumstances. Each Party shall allow access to the other Party`s confidential information only to persons who have entered into a written confidentiality agreement with the other Party on such restrictive terms as those set out therein and (b) who, in accordance with their obligations, require access to the other Party in connection with the rights of the other Parties under this Agreement. The terms of this Section 5 shall apply even after termination of this Agreement. If the parties have entered into, before or at the same time with this Agreement, a separate agreement containing confidentiality conditions, such separate confidentiality conditions shall remain in full force and effect, to the extent that they are not contrary to the conditions set out therein. The customer may replace the trainees by informing Kinetica in writing 48 hours before the start of the scheduled training. Kinetica reserves the right to exclude from the class those trainees who, in its opinion, cause a disruption of this class. In the event of such an exclusion, there will be no reimbursement of the related costs.
Kinetica does not allow customers to have their trainings “audited” by additional participants. The customer agrees to pay for all participants who are in the classroom at the time of the training, including last minute participants and drop-ins.. . . .