Essentials of Intellectual Property

By Alexander Poltorak; Paul Lerner | Go to book overview

APPENDIX C
Confidentiality and
Nondisclosure Agreement
THIS AGREEMENT is made the _ day of __, 20_, by and between ____, a __[company type, e.g., a corporation] organized and existing under the laws of the State of __, having a principal place of business at _____ (“Disclosing Party”), and _____, [company type, if applicable] [organized and existing under the laws of the State of ___, if applicable], having a principal place of business at [if business, or] with offices at _____ (“Recipient”).WHEREAS, Disclosing Party is the proprietor of information concerning _____ (the “Information”); andWHEREAS, Recipient is interested to learn the Information so as to be able to determine their interest in the use of the Information [or, in connection with _____ project].NOW, THEREFORE, in consideration of mutual premises and covenants it is mutually agreed as follows.
1. Disclosing Party agrees to divulge to Recipient sufficient details of the Information to enable Recipient to understand the substance thereof. It is mutually understood that, unless otherwise specifically indicated in writing, any information so communicated by Disclosing Party to Recipient is confidential and constitutes valuable trade secrets of Disclosing Party.
2. In order to induce Disclosing party to divulge the Information, Recipient covenants and warrants (i) to use the Information only for the purposes hereinabove stated, (ii) not to use any of the Information for the Recipient's own benefit, and (iii) not to disclose any of it to third parties without the prior written permission of Disclosing Party.

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