Our website, http://www.nityacapital.com (the “Website”) is a private, confidential website intended solely for the limited use for which you (and, if applicable, your organization) have been given access. You agree that by access our Website, its content, information and materials contained or described therein (together, the “Confidential Information”), you will keep such Confidential Information in the strictest confidence, and that you will only use the Confidential Information for the purposes for which it was disclosed. To the extent applicable, you will not modify, reverse engineer, decompile, create other works from, or disassemble any such Confidential Information unless otherwise specified in writing by the disclosing party, nor will you use such Confidential Information in any fashion or manner detrimental to the interest of Nitya Capital or any deal sponsors that have listed investment opportunities on the Website (Nitya Capital and such deal sponsors, each, a “Disclosing Party”). Notwithstanding the foregoing, these restrictions will not apply to Confidential Information to the extent it (a) was in the public domain at the time of disclosure; (b) became publicly available after disclosure without breach of this agreement; (c) was lawfully received from a third-party without such restrictions; (d) was known to you without such restrictions prior to your access to it via our Site; (e) was independently developed by you without breach of this agreement; (f) was generally made available to third parties by Nitya Capital without such restriction; or (g) is required by applicable law.
You agree to promptly notify Nitya Capital of any unauthorized use or disclosure of any Confidential Information, and you shall be responsible for any breach of your confidentiality obligations as set forth in this Non-Disclosure Agreement by your employees and agents. Due to the unique nature of the Information, you agree that any breach or threatened breach of this Non-Disclosure Agreement will cause not only financial harm to the Disclosing Parties, but also irreparable harm for which money damages will not be an adequate remedy. Therefore, any Disclosing Party shall be entitled, in addition to any other legal or equitable remedies, to an injunction or similar equitable relief against any such breach or threatened breach of this Non-Disclosure Agreement without the necessity of posting any bond.