Incredimail 2012 Annual Report Download - page 198

14.4
Company will ensure that at all times during the applicable Term, Company and, in the case of ADX Services, Company and Company
Partner:
(a)
has a clearly labelled and easily accessible privacy policy in place relating to the applicable Site(s); and
(b)
provides End Users with clear and comprehensive information about cookies and other information stored or accessed on an
End User
’
s device, including information about End Users
’
options for cookie management.
14.5
Company will take reasonable steps to ensure that an End User gives consent to the storing and accessing of cookies and other
information on the End User's device where such activity occurs in connection with the Services and obtaining such consent is required
by law.
14.6
Google hereby acknowledges that Company is a publicly traded company, and as such is obliged to comply with certain disclosure
rules, including the obligation to disclose the existence of this Agreement and its material terms and conditions to the U.S Securities and
Exchange Commission (the “ Authority ”).
Company shall work with Google to agree which terms of this Agreement should be treated
as confidential (“ Confidential Terms ”)
and Company shall use best endeavors to ensure that such Confidential Terms are granted
confidential treatment by the Authority. Providing that Company has used best endeavours to ensure that the Confidential Terms are
granted confidential treatment by the Authority, Company shall not be held liable under this Agreement in the event that Confidential
Terms are eventually required by the Authority to be publicly disclosed.
14.7 Where Company has ordered Mobile AFC, Google shall have the right to use, publish and display Company’
s logo, name and Mobile
AFC Site(s) content/screenshots in Google’s sales and marketing materials and on any of Google’
s websites (including
www.admob.com). Otherwise, subject to clause 14.6, neither party will issue any press release regarding this GSA or any Agreement
without the other
’
s prior written approval.
14.8 If Company wishes to collect or disclose location-
based information through the Company Mobile Application, Company will obtain
all legally required and valid consents from End Users and provide all legally required disclosures in Company’
s privacy policy in
accordance with applicable law.
15.
Term and Termination
15.1
This GSA will commence on the GSA Effective Date and remain in force until it terminates or expires in accordance with its
terms. Each Agreement shall (unless earlier terminated in accordance with its terms) remain in force for the Term, at the end of which
it shall expire automatically.
15.2
Without prejudice to clause 5.1, a party may suspend performance under any Agreement (in whole or in respect of a page of a Site, a
Site or Sites) and/or terminate any Agreement (in whole) or remove a page of a Site, a Site or Sites from any Agreement with
immediate effect, if the other party:
(a)
is in material breach of the Agreement where the breach is incapable of remedy;
(b)
is in material breach of the Agreement where the breach is capable of remedy and fails to remedy that breach within 30 days
after receiving written notice of such breach; or
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