This non-disclosure agreement ("Agreement") is in relation to the confidentiality between The Stream Investment Company Pvt. Ltd. (the Company) and the applicant ("Applicant").

In connection with the documents submitted by the applicant for prospective investment (hereinafter referred as the “Disclosure”) relating to the, Applicant is willing, in accordance with the terms and conditions of this Agreement, to disclose to the Company confidential financial and other related information of the Applicant for the purpose of the prospective investment.

• 1. In consideration of confidential information being made available to the Company, the Company hereby undertakes without condition or restriction that it:
  • a) Shall keep strictly secret and confidential any confidential information and shall not disclose, sell, trade, publish, copy, deliver, or otherwise disclose any of the confidential information to any corporation, institution, agency, person or any other party(ies) in any manner whatsoever, including by means of photocopy or reproduction, electronic or other manner of communications, without Applicant's prior consent or as otherwise permitted herein;
  • b) Shall use the confidential information for the sole purpose of the prospective investment which shall include, to the extent reasonably necessary to (a) copying, adapting and analysing the confidential information, and (b) incorporating the confidential information into reports, analyses, compilations, studies or other documents for internal use by the Company;
  • c) Shall protect the confidentiality of the confidential information by exercising at least the same degree of care as it employs in maintaining the confidentiality of its own confidential, proprietary, or non-public information, but in no event less than a reasonable degree of care.
• 2. This Agreement and the term confidential information shall not apply to data and information which:
  • a) At the time of the disclosure is in the public domain as evidenced by printed publication or otherwise;
  • b) After disclosure becomes part of the public domain by publication or otherwise other than as a result of a breach of this Agreement by the Company or any undertaking entered into pursuant hereto;
  • c) Has been or is acquired by the Company independently from a third party that represents that it has the right to disseminate such information at the time it is acquired by the Company or as the case may be by its Affiliated Company.
• 3. The Company shall disclose the confidential information to the extent required to disclose by applicable law, a court order, decree, governmental or regulatory authority, regulation or rule, to the extent permitted or practicable.
• 4. The Parties obligations under this Agreement with respect to the non-use and confidentiality continue to apply for a period of 1 year from the date of acceptance by the Applicant.
• 5. The Company may disclose the confidential information without Applicant’s prior consent to an associate Company/(ies), affiliated Company/(ies), on the understanding that, the Company through the signing of this Agreement, shall be responsible for ensuring that the Affiliated Company shall keep such information confidential and shall not disclose or divulge the same to any unauthorised person.
• 6. The Company shall be entitled to disclose the confidential information without Applicant’s prior consent to its employees, officers, directors and advisers (the “Representatives”) for purposes of the aforesaid prospective investment. The Company shall be responsible for ensuring that the Representatives to whom the confidential information is disclosed pursuant to this Agreement shall keep such information confidential and shall not disclose or divulge the same to any unauthorised person and that the Company shall be responsible for any breach of the terms of this Agreement by such persons as if it were a breach by the Company.
• 7. This Agreement, the resulting disclosure of confidential information and any prior or subsequent communication or discussion between the parties shall not impose or create any obligation on the part of Applicant to enter into negotiations with or otherwise agree to any proposals or offers made by the Company and vice versa.
• 8. The Applicant hereby represents and warrants that it has the right and authority to disclose the confidential information to the Company.
• 9. This Agreement shall be governed and construed in accordance with the laws of Nepal and the parties submit exclusively to the jurisdiction of courts of Nepal.
• 10. The Company shall not be responsible if the confidential information provided by the Applicant is disclosed or leaked by any person or entity by violating the cyber security, or through any other circumstances or means.