Confidentiality and non-competition agreement
This agreement was signed by the following parties in _ _ _ _ _ _ _ _ _ _ Runji.
Party A: Shanghai Runji Ship Design Co., Ltd.
Legal Representative: Ren.
Address: Room 907, Jintai Building, Xinjinqiao Road 1398, Pudong New Area.
Postal code:
Party B:
ID number:
Home address:
Postal code:
Whereas:
Party B is employed by Party A and receives the labor remuneration paid by Party A. According to the provisions of relevant laws and regulations of China, both parties to this agreement have reached the following agreement on keeping Party A's secrets during and after Party B's employment with Party A, and not using Party A's secrets that he knows and grasps to engage in work or business that aims at or may compete with Party A:
Article 1 Unless otherwise agreed, the following terms in this Agreement have the following meanings:
1. Confidentiality: all technical secrets and business secrets owned or used by Party A. ..
2. Technical secrets: including design scheme, hardware design documents (including design drawings), software, database, design, records, drawing samples, models, work manuals (reports), documents and relevant letters. These technical secrets include the patented technology and proprietary technology of Party A and its affiliated companies at home and abroad, as well as the use method and combination of company knowledge.
3. Trade secrets: including customer list, business contract, agreement, letter of intent, memorandum, legal affairs information, human resources information, etc.
4. Intellectual achievements: including draft planning and design scheme, revised draft, scheme, technical data, developed software, models and other information carriers or products in any form (not limited to written, data and electronic).
5. Term of office: the salary received by Party B from Party A shall prevail, and the working years represented by the salary shall be the term of office. The term of office includes overtime work beyond Party B's normal working hours, regardless of whether the overtime work place is in Party A's workplace.
6. Resignation: The term of office agreed in the labor contract signed by Party A and Party B in this agreement expires or the time when either party explicitly terminates the labor relationship shall prevail. Party B's refusal to receive salary and stop performing duties is also regarded as resignation.
7. Unauthorized contracting: refers to the act of contacting the company's customers in any form, accepting their entrustment, and engaging in activities related to the company's business in the name of individuals for personal gain without the written assignment of the company.
Article 2 Both parties confirm that during Party A's work, due to Party B's performance of work duties or main use of Party A's facilities and equipment,
The intellectual achievements developed, designed and produced in secret and under conditions belong to the achievements of the post, and their ownership belongs to Party A. Party A can completely and freely possess, use, profit from and dispose of these achievements within its business scope, and can produce, operate, invest, cooperate or transfer them to a third party. Party B shall not detain or conceal any data and information from Party A, and shall take all necessary actions to ensure that Party A obtains and exercises the ownership (including but not limited to patent application, trademark registration, software registration, etc.). ).
Article 3 Both parties to this agreement agree and confirm that the research, development, design and production achievements completed by Party B during Party A's employment,
If Party B thinks that it should enjoy intellectual property rights by itself, it shall notify Party A within 30 days after the completion of the achievement. After verification, if Party A believes that it is indeed a non-job achievement, Party B shall enjoy the intellectual property rights of the intellectual achievement according to law. Without the consent or authorization of Party B, Party A shall not use these achievements for production, operation, investment, cooperation or transfer to a third party. When Party B transfers its non-post achievements, under the same conditions, Party A shall have the priority to be transferred. Both parties to this agreement agree and confirm that any intellectual achievements developed and designed by Party B during his employment with Party A are presumed to be job achievements without claiming rights. Party A may use these achievements for production, operation, investment, cooperation or transfer to a third party.
Article 4 If both parties have any objection to the ownership of the fruits developed by Party B during his employment with Party A, it shall be settled through friendly negotiation. consult
If it fails, it shall be solved through relevant legal channels.
Article 5 Both parties to this agreement agree and confirm that Party B must abide by laws, regulations and industry practices during his work in Party A.
Party A shall abide by the confidentiality rules and regulations formulated by Party A and perform the confidentiality duties corresponding to its post. If Party A's confidentiality rules and regulations are not clearly defined or unclear, Party B should also understand these rules and regulations in good faith with caution and honesty, and take any necessary and reasonable measures to protect any secrets belonging to Party A or a third party that Party A promises to keep confidential.
Article 6 Both parties to this agreement agree and confirm that without the consent of Party A, Party B shall not disclose anything except what is necessary to perform its duties.
Inform, publish, publish, impart, transfer or in any other way, make any third party (including other employees of Party A who are not allowed to know the secret) know the secret belonging to Party A or the third party, but Party A promises to keep it confidential and shall not use it outside performing its duties.
Article 7 Both parties to this agreement agree and confirm that Party B shall not contact Party A's customers privately or undertake any contract privately during his tenure.
Business. Otherwise, Party A has the right to unilaterally terminate the labor contract without paying any compensation to Party B. Party A also has the right to ask Party B to compensate Party A for its losses amounting to the contract amount of the above business.
Article 8 Both parties agree and confirm that Party B shall not introduce Party A's work to any third party other than Party A during his tenure.
The same or similar business. Party B's resignation in any form will not affect the business that has been formed or will be formed soon.
Take it away. Otherwise, Party B shall compensate Party A for the losses equivalent to the above business contract amount.
Article 9 Both parties agree and confirm Party B's resignation (including but not limited to the expiration of the labor contract or the expiration of the labor contract of Party B).
After leaving his post before the expiration of his term of office for any reason), he is still obliged to keep confidential the secrets that he has contacted, learned and mastered by Party A or a third party, but which Party A has promised to keep confidential, and shall not use the relevant secrets without authorization during his tenure. The time limit for Party B to no longer undertake the obligation of confidentiality is that Party A announces decryption or such secrets have actually been made public.
Article 10 All documents, materials (including photos), charts, etc. If Party B holds or keeps it for work, it shall record the confidential information of Party A..
Notes, reports, letters, faxes, tapes, floppy disks (floppy disks, hard disks), optical disks, instruments, audio tapes (videos) and other forms of carriers are owned by Party A, regardless of whether such secrets have technical or commercial value.
Article 11 Both parties to this agreement agree and confirm that Party B shall return all the money when he leaves his post or upon Party A's request.
Property belonging to Party A, including all carriers that record Party A's secrets.
Article 12 Both parties to this agreement agree and confirm that during Party A's employment and after his resignation, without Party A's prior written consent,
Party A's secrets obtained, known or mastered by Party A shall not be used to hold shares or other shares of other companies or enterprises inside and outside China in any way (including but not limited to its sole proprietorship, joint venture or others).
Rights, etc. ) operate or participate in any business or activity that constitutes or may constitute competition with Party A. ..
Article 13 Both parties hereto agree and confirm that Party B shall not directly work for Party A without Party A's prior written consent.
Or indirectly engage in business that is competitive with Party A's business (or may not be competitive with Party A).
Other enterprises hold any positions), they shall not provide (directly or indirectly) consulting services to Party A's competitors, and shall not instruct any other employees of Party A to accept external employment.
Article 14 Party B's violation of confidentiality and non-competition clauses under this agreement shall be regarded as a fundamental violation of this agreement.
Yes, Party A has the right to terminate the labor contract. If Party B's breach of contract causes losses to Party A, Party B shall make compensation.
All losses of Party A include but are not limited to all actual losses and expected profits of Party A. ..
Article 15 Any dispute arising from the execution of this Agreement or related to this Agreement can be settled by both parties through consultation.
The Arbitration Commission submitted it to arbitration. The above agreement shall not affect Party A's request for infringement from the intellectual property management department.
Political treatment.
Article 16 If part or all of this Agreement is inconsistent with other written agreements signed by both parties before this Agreement comes into effect, or
In case of any conflict between oral agreements, this agreement shall prevail.
Article 17 Both parties to this agreement agree and confirm that they have carefully reviewed this agreement and confirmed it before signing this agreement.
Understand the contents of this agreement and the legal consequences involved, and be willing to abide by the contents of this agreement.
Article 18 This Agreement is made in duplicate, one for each party; Each copy has the same legal effect.
Article 19 This Agreement shall come into force as of the date of signature or seal by both parties.
Party A: Party B: (signature)
Authorized representative: (signature and seal)
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