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RFP for EeGP(EXCISE e-GOVERNANCE PROJECT) - AP Online

RFP for EeGP(EXCISE e-GOVERNANCE PROJECT) - AP Online

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apts<br />

<strong>RFP</strong> – Excise e-Governance Project (<strong>EeGP</strong>) <strong>for</strong> Prohibition & Excise Department<br />

Confidential and Proprietary<br />

8.7. Confidentiality and Property rights<br />

Confidentiality<br />

All the in<strong>for</strong>mation, data and business processes, which the bidder would come across<br />

during execution of the project, will be maintained in strict confidentiality by the bidder.<br />

The bidder should not use the data and in<strong>for</strong>mation <strong>for</strong> any purpose other than the<br />

intended usage and limiting the usage of data and in<strong>for</strong>mation <strong>for</strong> completing the scope<br />

of the work as defined in the <strong>RFP</strong>. If at any stage, it is found that the bidder is using<br />

data and in<strong>for</strong>mation then stringent legal action will be initiated as per applicable law as<br />

on the bid calling date or Post bid calling date. Further, the Client and/or Consultant<br />

may terminate the contract without assigning any reasons and no payment will be<br />

made.<br />

After dully following the contract closure procedure, the bidder shall destroy complete<br />

data in the presence of the Client and/or consultant. If the bidder retains any copies of<br />

the data, then the bidder is liable <strong>for</strong> any legal action as per the applicable in at the time<br />

of bidding or at time of contract closure or at the time occurrence of the fraudulent<br />

usage of the data.<br />

Indemnification<br />

The bidder shall, at its own expense, defend and indemnify the Client against all thirdparty<br />

claims of infringement of intellectual property rights, including patent, trademark,<br />

copyright, trade secret or industrial design rights arising from use of the products or any<br />

part thereof in the Client’s country.<br />

The bidder shall expeditiously extinguish any such claims and shall have full rights to<br />

defend itself there from. If the Client is required to pay compensation to a third party<br />

resulting from such infringement, the bidder shall be fully responsible thereof, including<br />

all expenses and court and legal fees.<br />

The Client will give notice to the bidder of any such claim without delay and shall<br />

provide reasonable assistance to the bidder in disposing of the claim.<br />

The Client shall indemnify and defend the bidder against all third-party claims of<br />

infringement of Intellectual Property Rights, including patent, trademark, copyright, trade<br />

secret or industrial design rights arising from the use of any in<strong>for</strong>mation of Software<br />

provided to the bidder by the Client under the contract.<br />

8.8. Ownership of Developed Applications, <strong>AP</strong>Is, SDK and Intellectual Property<br />

Rights (IPR)<br />

Department will be the exclusive owner of any custom developed <strong>AP</strong>Is, Applications<br />

and SDK including documentation, source code, necessary library files, executables,<br />

<strong>AP</strong>TS : One Stop-Shop Solution provider <strong>for</strong> e-Governance.<br />

Page: 57 of 124

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