SECURITY AGREEMENT FOR ACCESS AND USE OF THE NETWORKS OF MORBARK, LLC
We at Morbark, LLC, ("Morbark") wish to provide you with access to data and use of computer data provided through our networks. This data is considered by Morbark to be confidential. The following terms will apply to your access and use of the Morbark Intranet and data obtained through it.
The Intranet is intended to allow the user the access to information that would otherwise only be available through communication with an authorized Morbark representative. Some of this information may be considered confidential. You agree to maintain in confidence the information you extract from this tool, including technical and business information, software code, computer systems, data security protocols, passwords and user authentication and telephone numbers, using at least the same degree of care you use to protect your own information of like kind, which in no event shall be less than reasonable care. Information disclosed by Morbark shall not be deemed proprietary information subject to this Agreement if the information (a) was already in your possession prior to its receipt from Morbark; (b) is or becomes available to the general public through no act or fault of yours; or (c) is rightfully disclosed to you by a third party, without restriction to its use.
You will not access any information except that for which you have been expressly authorized. You will not copy, reverse engineer, disclose, publish, distribute or alter any items you have access to. You will not use the information for any purpose other than that for which you were given such use or access. You will immediately return to Morbark all printed materials when your need for them ceases, or earlier, upon Morbark’s request.
You will lock up or otherwise ensure the security of your internal use of the Morbark Intranet and will allow only authorized users access. You will not perform any work of a confidential nature in the presence of, or where it can be observed by, unauthorized parties.
This Agreement represents the entire understanding between the parties with respect to information security and takes precedence over any conflicting terms in prior agreements, representations, or negotiations and undertakings, whether oral or written, between the parties, except for confidentiality provisions in other agreements between the parties that control your exposure to confidential information under those agreements. If any provision of this Agreement is held unenforceable or in conflict with the law of any jurisdiction, such holding shall not affect the validity of the remaining provisions. The law of the State of Michigan shall govern this Agreement without regard to principles or conflicts of law.
