You hereby agree that:
The term "Confidential Information" shall mean any and all information disclosed to you in relation to the present digital application, named
Big Picture, and its derivative or successor applications, including but not limited to methods, processes, formulae, compositions, systems, techniques, designs, and inventions.
You shall hold and maintain the Confidential Information in the strictest confidence, and shall not, without our prior written approval, use for your own benefit, publish, replicate in whole or in part, reverse engineer, or otherwise disclose to others, or permit the use by others of any of the Confidential Information.
You shall take all action necessary to protect the confidentiality of the Confidential Information, and hereby agree to indemnify us against any and all losses, damages, claims or expenses incurred or suffered by us as a result of your breach of these terms.
Confidentiality is ongoing, unless we notify you in writing of its termination.
Confidentiality shall be construed according to, and the rights of the parties shall be governed under the laws of the state of California. Should suit be brought to enforce these terms, the prevailing party shall be entitled to recover reasonable attorneys' fees, including without limitation, costs, expenses, and fees at trial and on any appeal.
These terms represent the entire understanding between the parties with respect to the Confidential Information, and no waiver, alteration, or modification of any of the provisions hereof shall be binding on the parties unless made in writing and signed by duly authorized representatives of the parties. These terms shall be binding on the parties, their successors and assigns.