All documents, paperwork or information relating to the trial operation of the ČD Cargo customer portal (“trial operation”) to which access is acquired by the user during the trial operation is classed as confidential and neither party is entitled to publish or otherwise pass on those documents, paperwork or information and/or any information classed as a trade secret by the other party (“information”) to third parties or to use such information outside the framework of this contract for their own benefit or for the benefit of a third party, during the trial operation period and for five years after the expiry of the trial operation period, with the exception of cases where access to this information is required under the law or by the relevant authorities on the basis of the applicable legislation, and information already in the public domain.
The duty of confidentiality does not relate to information passed on by both parties during the trial operation to specialised consultants (particularly legal consultants). If third parties are not bound by the duty of confidentiality under the law, the relevant party will conclude a confidentiality agreement with any such third parties. In each individual case the duty of confidentiality may be excluded or restricted with the written agreement of both parties. As this is a trial operation, the operator is not liable for the accuracy of data displayed during the trial operation period.