Qlik Terms of Use

These Qlik Terms of Use (“Qlik TOU”) hereby supplement and amend the Digital Services Terms of Use between Enstall and User.  By accessing or using Qlik, you acknowledge that you have read and understood these terms and that you agree to be legally bound by these terms.  If you do not agree with these terms, you should cease any access to, or use of, Qlik immediately.  If you agree to these Qlik TOU on behalf of a company or other entity, you represent that you have the authority to bind that entity to these Qlik TOU, in which case “User” shall refer to such entity.

User agrees: (a) to take commercially reasonable steps to prevent further use or disclosure of Confidential Information (as defined below) for any purpose other than as necessary to carry out its rights and obligations pursuant to the Digital Services Terms of Use; (b) to the extent disclosure of Confidential Information is necessary for such purposes, User shall only disclose such Confidential Information to individuals with a need to know, who have agreed in writing (under terms reasonably similar to these) to hold the Confidential Information in confidence; and (c) to the extent User is no longer authorized (whether by termination of employment or service contract or otherwise) to use or access the Digital Services, User will promptly notify Enstall of such circumstances in order that such User access may be decommissioned.

“Confidential Information” shall mean any non-public information disclosed or obtained in the course of User’s access to Qlik or information that may otherwise be disclosed by an Enstall employee, service provider or other representative that is designated as confidential (whether orally or in writing) or which should be reasonably understood by User to be confidential or proprietary in nature. Confidential Information shall include (but shall not be limited to): any and all access credentials (i.e. username, password, etc.), all information regarding pricing of products or services, inventory or availability of products or services, purchase order terms or data, estimated timeframes for business activities, order tracking data, business plans, methods of business operation, commercial data, customer data, information or know-how, including, without limitation, information relating to research, development, software, distribution or marketing of any inventions or other products or product lines or services, customer lists, supplier lists, trade secrets, intellectual property, drawings, models, processes, components, technologies, prototypes or samples.  “Confidential Information” does not include information which (1) is in the public domain or which thereafter enters the public domain through no improper action or inaction by User, (2) was in the possession of User prior to receipt from Enstall, (3) was rightfully disclosed to User by another person without restriction, or (4) was independently developed by User without use of such Confidential Information.

The parties acknowledge that any unauthorized use or access to the or disclosure of the Confidential Information by User may cause Enstall irreparable harm, and therefore, in addition to any other remedy available in law, Enstall shall be entitled to seek immediate injunctive relief, without showing any actual damages sustained, to prevent such disclosure or unauthorized use or threatened disclosure or unauthorized use.  User shall be responsible for any breach of this Agreement by itself or any of its representatives and shall, at its own expense, take all reasonable measures (including but not limited to court proceedings) to restrain its representatives’ disclosure or use of the Confidential Information in violation of this Agreement.

These Qlik TOU are governed by the Digital Services Terms of Use.  To the extent of any conflict or ambiguity that may arise between such Terms of Use and this Qlik TOU, the Terms of Use shall control.