AGREEMENT ON NON DISCLOSURE OBLIGATIONS SPYKER SHAREHOLDER
You as a shareholder of Spyker N.V. (Spyker) have received an user ID and password, which gives you access to the investor section of Spyker’s website (the Investor page). The information posted by Spyker on the Investor page is only intended for you personally as a shareholder (the Terms of Use) and concerns confidential information.
You hereby agree and accept that you are under the obligation to keep the Confidential Information confidential following the terms of this Agreement.
You shall use all Confidential Information exclusively for the Terms of Use;
You shall not distribute or disclose the Confidential Information in any way or form to anyone;
You shall not modify the Confidential Information;
The Confidential Information shall remain the property of Spyker.
Your obligation the keep the Confidential Information or part thereof confidential shall only cease when:
the Confidential Information or part thereof has been made public by Spyker;
the Confidential Information or part thereof has been disclosed to the public, following the requirements by law or the rules of any governmental organization; or
the Confidential Information or part thereof is approved for release by you by written agreement of Spyker.
In case you breach your obligations under this Agreement, you have to pay Spyker a penalty of € 25,000 for every case of breaching your obligation, notwithstanding Spyker’s right to claim further damages. You agree that Spyker may, in its sole discretion and without prior notice, terminate your access to the Investor page in case you breached, or Spyker has sufficient reason to believe that you breached, your obligations under this Agreement.
You agree to notify Spyker immediately of any unauthorized use of your account or password, or any other breach of confidentiality.
Spyker may preserve any information it has about you (including your identity) and may disclose this if Spyker determines that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Investor page, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Spyker’s rights or property, or the rights or property of visitors to the Spyker website. Spyker reserves the right at all times to disclose any information that Spyker deems necessary to comply with any applicable law, regulation, legal process or governmental request. Spyker also may disclose your information when Spyker determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
Spyker cannot and will not be liable for any loss or damage arising from your failure to comply with your obligations.
This Agreement comes into force upon your first visit to the Investor Section and shall terminate when you cease to be a shareholder, have informed Spyker hereof and your user ID and password have been made invalid. Your obligations which have accrued prior to termination shall survive the termination of this Agreement for a period of four (4) years.
All disputes arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall, be exclusively submitted to the competent courts in Lelystad, the Netherlands. This Agreement shall be subject to the laws of the Netherlands.
