Customer Feedback Agreement

BY PARTICIPATING IN AN HCL CUSTOMER FEEDBACK PROGRAM, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON, COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO BIND THAT PERSON, COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS.

This HCL Customer Feedback Agreement (“Agreement”) outlines the terms of Your participation in any HCL Program (“Program”) offered by HCL Technologies Limited or one of its subsidiaries ("HCL" or " we") that has the objective of obtaining customer feedback on a product or solution which could be used in future product development.

CUSTOMER FEEDBACK PROGRAM

Users (“You") provide feedback about the specialized needs of Your respective business domains. Your feedback will inform the development of our offerings. Our goal is to optimize our offerings in order to better meet Your actual users' needs resulting in increased productivity and satisfaction. As a participant of the Program, You may be observed and asked questions about Your job and the associated tasks. You may be asked about the products and services You use to perform Your job. You consent to our use of video and/or audio recording to capture your feedback. The information we collect may be used to improve the quality of our offerings and You may provide honest and candid feedback to enable us to improve our offerings, products, and services.

CONFIDENTIALITY

During a Program, we may share “HCL Confidential Information” with participants. This Information will be marked or identified as such at the time of disclosure. It may include but is not limited to HCL’s past, present, or future research, development or business activities, including offering/product/services features, functionality, trends, and directions herein. It also includes any information related to Your access to the Program including, but not limited to, passwords or other access codes and details about Program activities, such as Program member names and contact information and any data, feedback, suggestions and/or written materials that You provide to HCL related to the Program. HCL provides Information on an “AS IS” basis. HCL may cancel or change its plans at any time without prior notice. For five (5) years after disclosure, the participant will use reasonable care to avoid disclosure of the HCL Confidential Information other than Your employees and contractors who have a need to know in furtherance of the Program and who are obligated to comply with the terms herein. You may disclose, disseminate, and use Information that is already in Your possession or developed independently or becomes publicly available without obligation of confidentiality. You may disclose Confidential Information to the extent required by law but must give HCL a reasonable opportunity to obtain a protective order.

FEEDBACK

“Feedback” means data, suggestions, ideas, concepts, improvements, and written materials that are related to the HCL offering that You provide to HCL. By providing Feedback to HCL, You grant HCL an irrevocable, perpetual, fully paid-up license to use, modify and distribute Feedback (and derivative works thereof), for any purpose including, without limitation or restriction the development of HCL offerings. You agree that the Feedback that You provide to HCL is not Your confidential information. If You receive Feedback from other participants in the Program, You will use such Feedback only for the purposes of the Program.

LIMITATION OF LIABILITY

Other than Your violations of Your confidentiality obligations, we both agree that neither You nor HCL will be liable, under any contract, tort, strict liability, or other theory, for any direct, special, punitive, indirect, incidental , or consequential damages, including, but not limited to, loss of or damage to data, loss of anticipated revenue, profits, savings, or goodwill, work stoppage or impairment of other assets, whether or not foreseeable and whether or not You or HCL have been advised of the possibility of such damages.

GENERAL

You agree that HCL may process and store business contact information of your personnel in connection with the Program. You understand that HCL may choose to not announce or not make available the products, programs, features, functions or services discussed in the Program. HCL is under no obligation to disclose or refresh any information disclosed in the Program. Neither party may assign, or otherwise transfer, its rights or delegate its duties or obligations under this Agreement without prior written consent of the other. Either party may terminate this Agreement by providing at least one month’s written notice to the other. Upon termination, You will return or destroy all HCL Confidential Information in its possession. Any terms of this Agreement which by their nature extend beyond its termination remain in effect until fulfilled, and apply to respective successors and assignees. Only a written agreement signed by both parties can modify this Agreement. This agreement is governed by the laws of the State of California without regard to conflict of law principles. You will comply with all applicable government export and import laws and regulations.
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