Purpose of This NDA
This Non-Disclosure Agreement protects the proprietary nature of the Utility Server CDN Manager plugin and its associated intellectual property.
1. Definitions
1.1 Confidential Information
"Confidential Information" includes but is not limited to:
- Source Code: All source code, compiled code, and scripts
- Algorithms: Business logic, methods, and processes
- Architecture: Software design, structure, and organization
- Documentation: Technical specifications, API documentation, internal guides
- Trade Secrets: Proprietary techniques and methodologies
- Future Plans: Roadmaps, upcoming features, and development plans
1.2 Disclosing Party
DNS Stack Private Limited (Utility Server) - the owner of the Software.
1.3 Receiving Party
You - the user of the Software.
2. Obligations of Receiving Party
2.1 Confidentiality
You agree to:
- ✅ Keep all Confidential Information strictly confidential
- ✅ Not disclose it to any third party
- ✅ Not use it for any purpose other than authorized use
- ✅ Protect it with the same degree of care as your own confidential information
2.2 Prohibited Actions
You specifically agree NOT to:
- ❌ Reverse engineer the Software
- ❌ Decompile or disassemble the code
- ❌ Extract or attempt to extract source code
- ❌ Share code or technical details publicly
- ❌ Publish or blog about internal workings
- ❌ Create derivative works
- ❌ Share with competitors
- ❌ Use to develop competing products
3. Exceptions
This NDA does not apply to information that:
- Was publicly known before disclosure
- Becomes publicly available through no fault of yours
- Was rightfully in your possession before disclosure
- Is independently developed by you without use of Confidential Information
- Is required to be disclosed by law (with prior notice to us if possible)
4. Proprietary Rights
4.1 No Transfer of Rights
This NDA does NOT transfer any intellectual property rights to you. DNS Stack Private Limited retains all rights, title, and interest in:
- The Software
- Source code and binaries
- Algorithms and methods
- Trademarks and branding
- Documentation
4.2 No License to Modify
You have a license to USE the Software, but NOT to:
- Modify it
- Study its internal workings
- Extract its components
- Create derivative works
5. Protection of Source Code
5.1 Not Open Source
The Software is NOT open source. The source code is confidential and proprietary.
5.2 Prohibited Activities
You may NOT:
- ❌ View the source code (beyond what's necessary for normal use)
- ❌ Analyze the code structure
- ❌ Copy code snippets
- ❌ Share code with others
- ❌ Publish code on websites or repositories (GitHub, GitLab, etc.)
- ❌ Use code in other projects
6. Term and Termination
6.1 Duration
This NDA remains in effect:
- As long as you use the Software
- For 5 years after you stop using the Software
- Indefinitely for trade secrets
6.2 Survival
Your confidentiality obligations survive termination of your use of the Software.
6.3 Return of Information
Upon termination or upon request, you must:
- Delete all copies of the Software
- Destroy all Confidential Information
- Certify compliance in writing (if requested)
7. No Unauthorized Sharing
7.1 Personal Use Only
Your license is personal and non-transferable. You may NOT:
- ❌ Share the Software with others
- ❌ Allow others to access your installation
- ❌ Provide copies to friends or colleagues
- ❌ Upload to file-sharing sites
- ❌ Make available on public repositories
7.2 Limited Disclosure
You may only disclose to:
- ✅ Your IT staff (who need to know for support)
- ✅ Your contractors (who are bound by similar NDAs)
You must inform them of this NDA's terms.
8. Competitive Use Prohibited
You may NOT use the Software or any Confidential Information to:
- ❌ Develop competing products
- ❌ Assist competitors
- ❌ Create similar plugins
- ❌ Provide competitive analysis
9. Security Measures
9.1 Your Responsibility
You must implement reasonable security measures to protect Confidential Information:
- ✅ Secure your WordPress installation
- ✅ Use strong passwords
- ✅ Limit admin access
- ✅ Keep backups secure
- ✅ Monitor for unauthorized access
9.2 Breach Notification
If you become aware of any unauthorized disclosure or use, you must:
- Notify us immediately
- Cooperate in mitigating damages
- Provide details of the breach
10. Remedies
10.1 Injunctive Relief
You acknowledge that breach of this NDA would cause irreparable harm. DNS Stack Private Limited is entitled to:
- Injunctive relief
- Specific performance
- Monetary damages
- Legal fees and costs
10.2 Immediate Termination
Breach of this NDA results in immediate termination of your license.
11. No Obligation to Disclose
DNS Stack Private Limited is under no obligation to:
- Disclose any particular information
- Provide source code access
- Explain internal workings
- Share development plans
12. Governing Law
This NDA shall be governed by the laws of India. Any disputes shall be subject to the exclusive jurisdiction of courts in India.
13. Entire Agreement
This NDA, together with the Terms and Conditions and License Agreement, constitutes the entire agreement regarding confidentiality.
14. Acceptance
BY USING THE SOFTWARE, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THIS NDA.
If you do not agree, you must immediately cease use and delete all copies of the Software.
Contact
For questions or to report breaches:
DNS Stack Private Limited
Email: support@utility-server.com
Website: https://www.utility-server.com