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Mutual Non-Disclosure Agreement
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Mutual Non-Disclosure Agreement (NDA)
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Contents of this web site are Copyright © 1993 - 2009 Paul Jacobsen©™ [TGD] unless otherwise noted.
Graphics produced with Xara Xtreme Pro 4. Tactical Graphic Design - Visual Communication Specialties - Vancouver, British Columbia, Canada.
This non-disclosure agreement is between:
Tactical Graphic Design
(TGD)
and
___________________________________________
(Organization),
having a business address at:
__________________________________________________________________
DESCRIPTION
Organization and TGD wish to exchange certain information pertaining to
______________________________. This exchange includes all communication of
information between the parties in any form whatsoever, including oral, written and
machine-readable form, pertaining to the above.
TGD and Organization wish to exchange the information for the sole purpose of
__________________________________________________________________
and each party regards certain parts of the Information it possesses to be secret and
desires to protect those parts from unauthorized disclosure or use (such secret parts
being hereafter collectively referred to as Information).
TGD and Organization are willing to disclose Information (as Owning Party) and
receive Information (as Receiving Party) on the terms and conditions set forth
herein.
AGREEMENT
Therefore, TGD and Organization agree, as follows:
The Receiving Party will:
a. (1) Not disclose Information of Owning Party to any other person and (2) use at
least the same degree of care to maintain the Information confidential as Receiving
Party uses in maintaining as confidential its own confidential Information, but always
at least a reasonable degree of care;
b. Use the Information only for the above purpose;
c. Restrict disclosure of the Information of the Owning Party solely to those
employees of Receiving Party having a need to know such Information in order to
accomplish the purpose stated above;
d. Advise each such employee, before he or she receives access to the Information,
of the obligations of Receiving Party under this Agreement, and require each such
employee to maintain those obligations.
e. Within fifteen (15) days following request of Owning Party return to Owning Party
all documentation, copies, notes, diagrams, computer memory media and other
materials containing any portion of the Information, or confirm to Owning Party, in
writing, the destruction of such materials.
This Agreement imposes no obligation on Receiving Party with respect to any
portion of the Information received from Owning Party which
(a) was known to Receiving Party prior to disclosure by Owning Party,
(b) is lawfully obtained by Receiving Party from a third party under no obligation of
confidentiality, is or becomes generally known or publicly available other than by
unauthorized disclosure,
(c) is independently developed by Receiving Party or
(d) is disclosed by Owning Party to a third party without a duty of confidentiality on
the third party.
This Agreement imposes no obligation on Receiving Party with respect to any
portion of the Information unless such portion is
(a) disclosed in a written document or machine readable media marked "CONFIDENTIAL"
at the time of disclosure or
(b) disclosed in any other manner and summarized in a memorandum mailed to
Receiving Party within fifteen (15) days of the disclosure. Information disclosed by
Owning Party in a written document or machine readable media and marked
"CONFIDENTIAL" includes, but is not limited to, the items, if any, set forth in
Schedules A and B attached hereto. Schedules A and B are incorporated herein by
reference. Receiving Party hereby acknowledges receipt of the items listed in
Schedules A and B, if any.
The Information shall remain the sole property of Owning Party.
Nothing contained in this Non-Disclosure Agreement shall be construed as granting
or conferring any rights by license or otherwise, expressly, implied, or otherwise, for
any invention, work of authorship, discovery or improvement hereafter made,
conceived, or acquired prior to the date of this Agreement.
This Agreement shall be governed by and interpreted in accordance with the Laws of
the Unites States of America and Canada.
The rights and obligations of the parties under this Agreement may not be sold,
assigned or otherwise transferred.
This Agreement is binding upon TGD and Organization, and upon the directors,
officers, employees and agents of each that are party to this agreement. This
Agreement is effective as of the later date of execution and will continue indefinitely,
unless terminated on thirty (30) days written notice by either party. However,
Organization's obligations of confidentiality and restrictions on use of the Information
disclosed by TGD shall survive termination of this Agreement for five years from date
of written termination notice.
Each party stipulates that it has full power and authority to enter into this Agreement,
and the person signing this Agreement on behalf of the named party is properly
authorized and empowered to sign it, and each party further acknowledges that it
has read this Agreement, understands it and agrees to be bound by it.
IN WITNESS THEREOF, duly authorized officers of the Parties hereto have
executed this Agreement
SIGNED FOR AND ON BEHALF OF THE ORGANIZATION by:
____________________________________
*****Organization*****
____________________________________
Witness & Date
SIGNED FOR AND ON BEHALF OF Tactical Graphic Design by:
____________________________________
****TGD****
____________________________________
Witness & Date
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