“Confidential Information” refers to any non-public information provided by one party (“Discloser”) to the other party (“Recipient”) hereunder that is either identified as confidential or proprietary or should reasonably be understood to be confidential based on the nature of the information or circumstances of the disclosure. Without limiting the generality of the foregoing, Customer’s Confidential Information includes Customer Materials and Ambacia d.o.o.’s Confidential Information includes the non-public areas, features, and functionality of the Website and any Documentation. Confidential Information does not include information that: (a) is already known to Recipient without an obligation of confidentiality prior to its disclosure by Discloser; (b) enters the public domain through no fault of the Recipient; (c) is or was lawfully received by Recipient from a third party without confidentiality obligations; or (d) was independently developed by Recipient without access to the Confidential Information, as demonstrated by written documentation.

Recipient shall only use Confidential Information to fulfill its obligations or exercise its rights under this Agreement. Recipient shall not disclose Confidential Information to any individuals or entities except for its and its affiliates’ officers, employees, agents, and representatives who require such Confidential Information for the purposes of this Agreement and who are bound by confidentiality obligations at least as protective as those set forth herein. Recipient shall maintain the confidentiality of the Confidential Information with the same degree of care it uses to protect its own similar information (but no less than reasonable care) and shall be liable for any unauthorized use or disclosure of the Confidential Information, including by any of its personnel. The provisions herein shall continue to apply to any Confidential Information disclosed hereunder for the longer of five years or the period during which such Confidential Information is protected as a trade secret under applicable law.

If Recipient is legally obligated to disclose any Confidential Information of Discloser, Recipient shall, if legally permissible, provide Discloser with prompt written notice sufficient to allow it an opportunity to appear and object to such disclosure. If such objection is unsuccessful, then the Recipient may disclose only the Confidential Information required by the court order or governmental action.

Upon Discloser’s request following the end of the subscription period, Recipient shall promptly return or destroy all Confidential Information (including any copies thereof) in its possession or control, except that Recipient may retain: (i) any copies required to be retained under applicable law, and (ii) copies in backup or archive media created in the ordinary course of business; provided, however, that the obligations of confidentiality hereunder shall continue to apply to such retained copies.

Each party acknowledges that the other party may have no adequate remedy if there is a breach or threatened breach of these confidentiality obligations and, therefore, agrees that the non-breaching party shall be entitled to seek injunctive or other equitable relief to prevent or remedy such a breach, in addition to any legal remedies available to that party.

To the fullest extent permitted by applicable law, neither company nor its licensors shall be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, or data (even if Ambacia d.o.o. has been advised of the possibility of such damages), resulting from the use of or the inability to use the website, under any legal theory whatsoever (including, without limitation, tort, contract, strict liability, or otherwise).