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- Info
Non-disclosure Agreement
We are effectively giving all of our Intellectual Property to our agents, distributors and maintainers and as such, you must sign our NDA before participating.
Nondisclosure Agreement
This Nondisclosure Agreement (the "Agreement") is entered into by
and between The Last Bastion Network, ("Disclosing Party") and your name here,
("Receiving Party") for the purpose of preventing the unauthorized
disclosure of Confidential
Information as defined below. The parties agree to enter into a
confidential relationship with respect to the disclosure of certain
proprietary and confidential information ("Confidential
Information").
- Definition of Confidential Information. For
purposes of this Agreement, "Confidential Information" shall include
all information or material that has or could have commercial value
or other utility in the business in which Disclosing Party is engaged.
This includes all proprietry software in source, executable, and
packaged forms. If Confidential Information is in written form, the
Disclosing Party shall label or stamp the materials with the
word "Confidential" or some similar warning. If Confidential
Information is transmitted orally, the Disclosing Party shall promptly
provide a writing indicating that such oral communication constituted
Confidential Information.
- Exclusions from Confidential Information.
Receiving Party's obligations under this Agreement do not extend to
information that is: (a) publicly known at the time of disclosure
or subsequently becomes publicly known through no fault of the
Receiving Party; (b) discovered or created by the Receiving Party
before disclosure by Disclosing Party; (c) learned by the Receiving
Party through legitimate means other than from the Disclosing Party or
Disclosing Party's representatives; or (d) is disclosed by Receiving
Party with Disclosing Party's prior written approval.
- Obligations of Receiving Party. Receiving Party
shall hold and maintain the Confidential Information in strictest
confidence for the sole and exclusive benefit of the Disclosing Party.
Receiving Party shall carefully restrict access to Confidential
Information to employees, contractors and third parties as is
reasonably required and shall require those persons to
sign nondisclosure restrictions at least as protective as those in this
Agreement. Receiving Party shall not, without prior written approval of
Disclosing Party, use for Receiving Party's
own benefit, publish, copy, or otherwise disclose to others, or permit
the use by others for their benefit or to the detriment of Disclosing
Party, any Confidential Information. Receiving
Party shall return to Disclosing Party any and all records, notes, and
other written, printed, or tangible materials in its possession
pertaining to Confidential Information immediately if
Disclosing Party requests it in writing.
- Time Periods. The nondisclosure provisions of
this Agreement shall survive the termination of this Agreement and
Receiving Party's duty to hold Confidential Information in confidence
shall remain in effect until the Confidential Information no longer
qualifies as a trade secret or until Disclosing Party sends Receiving
Party written notice releasing Receiving Party from this Agreement,
whichever occurs first.
- Relationships. Nothing contained in this
Agreement shall be deemed to constitute either party a partner, joint
venturer or employee of the other party for any purpose.
- Severability. If a court finds any provision of
this Agreement invalid or unenforceable, the remainder of this
Agreement shall be interpreted so as best to effect the intent of the
parties.
- Integration. This Agreement expresses the
complete understanding of the parties with respect to the subject
matter and supersedes all prior proposals, agreements, representations
and understandings. This Agreement may not be amended except in a
writing signed by both parties.
- Waiver. The failure to exercise any right
provided in this Agreement shall not be a waiver of prior or subsequent
rights.
This Agreement and each party's obligations shall be binding on the
representatives, assigns and successors of such party. Each party has
signed this Agreement through its authorized representative.
(Signature)
(Typed or Printed Name)
Date:
(Signature)
(Typed or Printed Name)
Date:
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407 The Foundry
181 Lawson Street
Darlington, Sydney 2008
+61 (0) 2 9045 3064
ABN: 31 120 285 261
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