Confidential information confidentiality contract
This confidentiality contract is signed by Party A and one company located at _________, with Party B and a company located at _________.
1. The parties agree to provide each other with confidential information so that the parties can evaluate the other party's products, services, services and/or technologies based on future procurement or business, cooperation or consultancy relationships that may be established.
2. Definition of confidential information means any information, including but not limited to any information about the company and its parent company, subsidiaries, subsidiaries, directors, shareholders, and other products, samples, product plans, prices, processes, technologies, research , development, invention, service, customer, market, software, hardware, design, drawings, engineering, construction information, marketing or financial related information. The Disclosing Party shall state in writing that such Confidential Information is confidential or proprietary; if it is provided orally, the Disclosing Party shall confirm its confidentiality or proprietaryity in writing within 30 days after the disclosure. Confidential information does not include the following information:
The recipient acknowledges in writing that the information has been held by the recipient prior to disclosure;
Has been published or not disclosed to the public for reasons of the act or omission of the recipient;
It has been publicly agreed by the relevant parties in writing;
Developed independently by the recipient without the use of such confidential information;
The recipient is legally and properly obtained from a third party, and the third party does not assume confidentiality with respect to such confidential information.
3. The parties to the Confidentiality agree that the Confidential Information disclosed by the other party may only be used for the purposes of this Agreement. Except for the person who must be aware of such confidential information by the parties in writing to perform the purposes of this contract, and any directors, supervisors, partners and employees that may be included, neither party shall be related to or belong to the other party. Confidential information is disclosed to third parties. Neither party may copy, extract or transfer any confidential information from the other party beyond the necessary limits as permitted by the implementation. Any disclosure of confidential information must be approved in advance by the disclosing party. The parties shall enter into a confidentiality contract with the person who is appointed to perform the contractual purpose or who has obtained or obtained confidential information through other means, and the confidentiality contract is basically delivered to the other party in a timely manner. Both parties shall take all reasonable measures to keep the other party's confidential information confidential and prevent such confidential information from being improperly disclosed or used. When adopting such measures, they shall hold the same high degree of caution as protecting their confidential information. If any party discovers that it has misused or abused the other party's confidential information, it shall promptly notify the other party in writing of the situation.
4. Any party that discloses this contract or their respective representatives has no right to use the company name, trade name, trademark and other names of the other party for advertising or publicity. Without the prior written consent of the other party to this contract, either party to this contract or its respective representative shall not disclose this contract and its related content, except as described in the mandatory disclosure clause of Article 5 of this contract.
5. Mandatory disclosures are subject to laws, regulations, decrees or other legal requirements, such as subpoenas, without the prior written consent of the other party, or by any party or by a party who has been appointed to perform the contractual purposes or to know confidential information in some way. When a person is required to disclose the other party's confidential information, the disclosing party shall immediately notify the other party in writing so that it can seek a protection order or take other reasonable remedies. In the event of failure to obtain a protection order or other remedy, the disclosing party shall disclose only that part of the confidential information that should be disclosed in accordance with the law, and shall use its best endeavours to ensure reliable and confidential measures for such confidential information.
6. After the return of the contract is terminated, revoked, completed, rejected or otherwise terminated, the party shall promptly destroy or return all confidential information provided by the other party in accordance with the written request of the other party. Any form of confidential information, whether analytical, compilation, essay, translation or other file prepared by or for any party, shall be held by the parties in accordance with the terms of this contract or destroyed by the other party.
7. Except for the right to access or use confidential information for the purpose of this contract, this contract does not transfer the rights under the patent, copyright, trade secret or other intellectual property rights to any party, nor does it disclose the confidentiality of either party. The rights contained in or attached to the information are transferred to the other party.
8. Obligation to Limit This contract shall not be deemed or construed to be an obligation of the Company to provide any information to the other party, to conduct commercial transactions with the other party or to enter into any final agreement unless the Company decides to provide information to it or to enter into a transaction-related agreement.
9. Information Accuracy The Company, its subsidiaries and its subsidiaries make no representations or warranties, express or implied, as to the accuracy, reliability or completeness of any confidential information it discloses to the other party, and to the other party, its representatives or Others who use such confidential information do not accept any responsibility.
10. The term of confidentiality of the parties in this contract shall remain in force for _________ years from the date of receipt of the confidential information by the other party and shall not be terminated due to the achievement of the purpose of the contract.
11. Other terms This contract is binding on both parties and their successors and assigns and protects their legal rights. Failure to implement any of the terms of this contract is not considered a waiver of the terms.
12. Applicable Law The interpretation and enforcement of this contract is governed by the laws of the People's Republic of China. The parties to the contract agree that all disputes arising out of this contract shall be governed by the _________ court.
13. Delay in performance and relief Any failure by either party to this contract to exercise any of its rights, powers or privileges under this contract is not considered a waiver. The exercise of any right, part or right of any right, power or privilege does not exclude other modes of exercise or further exercise of rights, nor does it preclude the exercise of any other rights, powers or privileges under this contract. The parties agree that the monetary compensation is not sufficient to compensate for the losses caused by the breach of this contract by the other party, so either party has the right to request special performance or other fair remedies. Any remedy shall not be considered an exclusive remedy for breach of contract, but shall be supplemented by other legal remedies.
14. Both parties involved in import and export shall comply with the import and export laws, regulations and regulations of China and other relevant countries related to the products, technical materials or software provided by this contract. The Licensee may not export or re-export such products, technical materials, software or direct products to the restricted countries listed in such laws, regulations and regulations without authorization. The obligations of this Article shall terminate or continue to be valid in this contract.
person A person B:_________
_________Year ____________________________________________
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