Design company confidentiality agreement 1 Party A:
Legal representative:
Party B:
ID number:
In view of the fact that both parties are implementing software product projects, in order to ensure that the technical information and technical resources involved in the project implementation will not be leaked and protect Party A's technical secrets, according to national laws and relevant regulations, Party A and Party B have reached the following technical confidentiality agreement through consultation:
Article 1 Contents and Scope of Confidentiality
1. Technical information: including technical scheme, design requirements, service content, implementation method, operation flow, technical indicators, software system, database, operating environment, operating platform, test results, drawings, samples, models, user manuals, technical documents, business letters and telegrams involving technical secrets, etc.
2. Business information: including customer name, customer address and contact information, demand information, marketing plan, purchasing materials, pricing policy, purchase channels, production and sales strategies, pre-tender estimate and bidding content in the bidding, personnel composition of the project team, cost budget, profitability and undisclosed financial information, etc.
Article 2 Party B's confidentiality obligations
1. Take the initiative to take encryption measures to protect the above-mentioned business secrets, and prevent any third party who does not undertake the same confidentiality obligation from knowing and using them;
2. Party B shall not spy on or obtain Party A's business secrets related to this project by other improper means (including computer search, browsing and copying, etc.). );
3. Never fail to bear the same confidentiality obligation to anyone.
The third party divulges Party A's business secrets about this project.
Article 3 Duration of confidentiality
Party A and Party B confirm that Party B's confidentiality obligation shall be from the date of signing this agreement to the time when Party A's business secrets about this project are made public. Whether Party B continues to participate in Party A's work on this project will not affect the commitment of confidentiality obligations.
Article 4 Confidentiality Fee The confidentiality fee included in the remuneration or salary paid by Party A to the confidentiality obligor is not repeated here.
Article 5 Liability for breach of contract
If the receiving party violates its obligations under this agreement and discloses any confidential information to the disclosing party, the receiving party shall immediately stop any violation of its obligations under this agreement at the request of the disclosing party and take all reasonable measures to eliminate any adverse effects caused thereby.
Article 6 Disputes
1. Labor disputes arising from the performance of this agreement shall be mainly negotiated by both parties. If negotiation fails, one or both parties to the dispute shall apply to the Labor Dispute Arbitration Committee where Party A is located for arbitration.
2. If either party refuses to accept the arbitration, it may bring a lawsuit to the people's court where Party A is located.
Article 7 Others
1. This agreement shall come into effect after being signed and sealed by both parties.
2. This Agreement is made in duplicate, with each party holding one copy.
Party A: (Seal)
Signature of legal representative:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: (Seal)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Design Company Confidentiality Agreement 2 This agreement is signed and takes effect by the following two parties on.
Party A: (Recipient):
Registered address: legal representative:
Project contact person: mailing address:
Telephone: Fax: E-mail
Party B (supplier, designer or design company):
Registered address: legal representative:
Project contact person: mailing address:
Telephone: Fax: E-mail:
in view of
Party B has creative designs, concepts, ideas and information that Party B considers confidential. Due to the need to commercialize and apply these information to the corresponding entrusted projects, Party B will provide these non-public, confidential and professional information to Party A for review in the form of written or electronic documents, and Party A will accept these information and promise to fulfill its confidentiality obligations; Both parties are willing to keep confidential the confidential information under this agreement according to the provisions of this agreement.
Therefore, both parties have reached the following agreement.
The first definition
Confidential information: refers to the materials and information provided by Party B to Party A, owned or proprietary by Party B, and clearly marked as "confidential" on the information carrier. The information to be kept confidential includes, but is not limited to, non-public, confidential or professional information and data such as creative schemes, design drawings, planning manuscripts, technical materials, prices and costs.
Article 2 Information provided this time and planned information.
The information provided this time includes the following:
1.
2.
3.
Content and date of information that Party B plans to provide to Party A.
Submitted on the date of.
Submitted on the date of.
Article 3 All communication between the two parties can be conducted through the project contact person, who shall bear the following responsibilities:
1.；
2.；
3.。
Either party shall notify the other party 7 days in advance if it changes the project contact person, address or other contact information.
Article 4 After Party A or Party B delivers the creative information or design scheme to the address provided by the other party by express mail, registered mail or e-mail within the delivery time agreed in this agreement, the recipient shall give a reply within 30 days from the delivery time agreed in this agreement. If the receiver does not reply, it means default reception.
Article 5 After receiving the confidential information, Party A must undertake the following obligations:
1. Keep confidential information carefully and strictly confidential, and shall not disclose it to any third party without the prior written consent of Party B;
2. Party A may disclose confidential information to the third-party company designated by it, but only for the cooperation of both parties, and the third-party company shall first promise to keep it confidential in writing;
3. Party A can only disclose confidential information to its managers, employees, consultants and other relevant personnel who are directly or indirectly involved in the cooperation because of the needs of the cooperation business between the two parties, but shall ensure that these relevant personnel keep the confidential information strictly confidential;
4. If Party A or relevant personnel violate the confidentiality obligations of this Agreement, Party A shall bear corresponding responsibilities and compensate Party B for the losses caused thereby.
Article 6 Party B's disclosure of confidential information to Party A does not constitute that Party B transfers or grants Party A its interests in confidential information or other intellectual property rights.
Article 7 This Agreement shall be governed by the laws of China and interpreted according to the laws of China. Any dispute arising from the rights and obligations of each party under this agreement shall be settled by both parties through negotiation first. If negotiation fails, they should apply for arbitration.
Article 8 This confidentiality agreement shall come into effect as of the date when the authorized representatives of both parties sign it, and shall be valid for two years after the cooperation between both parties is completed.
This agreement is made in duplicate, with the same effect, and each party holds one copy.
Party A: Party B:
Design company confidentiality agreement 3 Party A: legal representative: Party B: ID number: In view of the fact that both parties are implementing software product projects, in order to ensure that technical information and technical resources involved in project implementation will not be leaked and protect Party A's technical secrets, Party A and Party B have reached the following technical confidentiality agreement through consultation in accordance with national laws and relevant regulations: Risk warning:
The employing unit has the right to take measures to protect business secrets, but when concluding a confidentiality agreement, it should be careful not to infringe upon the legitimate rights of workers. Laborers have the freedom to choose their jobs, but when exercising their rights, they should not damage the business secrets of the employer. Confidentiality agreements, like other agreements, must first follow the principles of fairness and equality before they have legal effect, otherwise they will be invalid.
Article 1 Contents and Scope of Confidentiality
1. Technical information: including technical scheme, design requirements, service content, implementation method, operation flow, technical indicators, software system, database, operating environment, operating platform, test results, drawings, samples, models, user manuals, technical documents, business letters and telegrams involving technical secrets, etc.
2. Business information: including customer name, customer address and contact information, demand information, marketing plan, purchasing materials, pricing policy, purchase channels, production and sales strategies, pre-tender estimate and bidding content in the bidding, personnel composition of the project team, cost budget, profitability and undisclosed financial information, etc.
Article 2 Party B's confidentiality obligations
1, take the initiative to take encryption measures to protect the above-mentioned business secrets and prevent any behavior that does not bear the same confidentiality obligation.
The third party knows and uses it;
2. Party B shall not spy on or obtain Party A's business secrets related to this project by other improper means (including computer search, browsing and copying, etc.). );
3. Never fail to bear the same confidentiality obligation to anyone.
The third party divulges Party A's business secrets about this project.
Article 3 Risk warning during confidentiality period:
Many companies usually agree that the confidentiality period is 2 to _ _ _ _ _ _ _ years after joining the company. This agreement will give employees a misunderstanding that they can disclose or use trade secrets after 2 to _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ For general confidential information, it is recommended to agree on the confidentiality period of _ _ _ _ _ _ or _ _ _ _ _ _. Party A and Party B confirm that Party B's confidentiality obligation shall be from the date of signing this agreement to the time when Party A's business secrets about this project are made public. Whether Party B continues to participate in Party A's work on this project will not affect the commitment of confidentiality obligations.
Article 4 Confidentiality Fee The confidentiality fee included in the remuneration or salary paid by Party A to the confidentiality obligor is not repeated here.
Article 5 Risk warning of liability for breach of contract:
According to the provisions of the Labor Contract Law, an enterprise may not agree with its employees that the employees shall bear the liquidated damages, except for two cases where the employees violate the training service period or the obligation of non-competition. Therefore, the confidentiality agreement shall not stipulate that employees should pay liquidated damages for revealing business secrets of the enterprise, and only require employees to compensate the losses caused to the enterprise. If the receiving party violates its obligations under this agreement and discloses any confidential information to the disclosing party, the receiving party shall immediately stop any violation of its obligations under this agreement at the request of the disclosing party and take all reasonable measures to eliminate any adverse effects caused thereby.
Article 6 Disputes
1. Labor disputes arising from the performance of this agreement shall be mainly negotiated by both parties. If negotiation fails, one or both parties to the dispute shall apply to the Labor Dispute Arbitration Committee where Party A is located for arbitration.
2. If either party refuses to accept the arbitration, it may bring a lawsuit to the people's court where Party A is located.
Article 7 Others
1. This agreement shall come into effect after being signed and sealed by both parties.
2. This Agreement is made in duplicate, with each party holding one copy.
Party A: (Seal)
Signature of legal representative:
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Party B: (Seal)
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
4 confidentiality agreement of Party A's design company:
Legal representative:
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 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 they know and master to engage in any work or business that may compete with Party A:
first
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.
second
Both parties to this Agreement confirm the intellectual achievements developed, designed and produced by Party B during his employment with Party A because of performing his duties or mainly using Party A's facilities, equipment, secrets and conditions. It is the result of the post, and its ownership belongs to Party A. Party A is completely free to possess, use, profit from and dispose of these results 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.). ).
essay
Both parties to this agreement agree and confirm that Party B shall notify Party A within 30 days after the completion of the research, development, design and production achievements that Party B thinks should belong to itself. 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 in Party A, they shall settle it through friendly negotiation; If negotiation fails, it shall be settled through relevant legal channels.
Article 5
Both parties to this agreement agree and confirm that Party B must abide by laws, regulations, industry practices and confidentiality rules and regulations formulated by Party A during his employment with Party A, and perform the confidentiality duties corresponding to his 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 agree and confirm that Party B shall not disclose, inform, publish, impart, transfer or in any other way make any third party (including other employees of Party A who are not aware of 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 the secret except for performing its duties without Party A's consent.
Article 7
Both parties to this agreement agree and confirm that Party B shall not have private contact with Party A's customers or engage in any business privately during his tenure. 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 to this agreement agree and confirm that Party B is prohibited from introducing the same or similar business to Party A to a third party other than Party A during his tenure. Party B's resignation in any form shall not take away the business that has been formed or will be formed. Otherwise, Party B shall compensate Party A for the losses equivalent to the above business contract amount.
Article 9
Both parties to this Agreement agree and confirm that after Party B leaves his post (including but not limited to the expiration of the labor contract or resigning before the expiration of the labor contract for any reason), he is still obligated to keep confidential the secrets that he has contacted, learned and mastered that belong to Party A or a third party, but Party A has promised to keep confidential, and shall not use the relevant secrets without authorization. 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, notes, reports, letters, faxes, tapes, floppy disks (floppy disks, hard disks), CDs, instruments, audio tapes and other forms of carriers held or kept by Party B due to work needs, regardless of whether they have technical or commercial value, belong to Party A..
Article 11
Both parties to this agreement agree and confirm that Party B shall return all the property belonging to Party A, including all the carriers that record Party A's secrets, when Party B leaves his post or at the request of Party A. ..
Article 12
Both parties to this Agreement agree and confirm that without the prior written consent of Party A, Party B shall not use the secrets of Party A that it has obtained, known or mastered to operate or participate in any business or activity that constitutes or may constitute competition with Party A in any way (including but not limited to its sole proprietorship, joint venture or holding shares or other rights and interests in other companies or enterprises). ) whether in China or abroad.
Article 13
Both parties agree and confirm that during Party A's employment, Party B shall not directly or indirectly engage in business that competes with Party A's business (shall not hold any position in other enterprises that compete or may compete with Party A), shall not (directly or indirectly) provide consulting services to Party A's competitors, and shall not instigate any other employees of Party A to accept external employment.
Article 14
If Party B violates the confidentiality and non-competition clauses under this agreement, it will be regarded as a fundamental violation of this agreement, and 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 compensate Party A for all losses, including but 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, if negotiation fails, may be submitted to the Arbitration Commission for arbitration. The above agreement shall not affect Party A's request to the intellectual property management department for administrative treatment of the infringement.
Article 16
If part or all of this agreement conflicts with other written or oral agreements signed by both parties before this agreement comes into effect, this agreement shall prevail.
Article 17
Both parties to this agreement agree and confirm that they have read this agreement carefully before signing it, fully understood the contents of its clauses and the legal consequences involved, and are willing to abide by its contents.
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:
Authorized representative: (signature and seal)
date month year
Design Company Confidentiality Agreement 5 This Agreement is signed by the following parties on _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _.
Party A: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Legal Representative: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
Address: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
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 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 they know and master to engage in any work or business that 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 the intellectual achievements developed, designed and produced by Party B during his employment with Party A because of performing his duties or mainly using Party A's facilities, equipment, secrets and conditions. It is the result of the post, and its ownership belongs to Party A. Party A is completely free to possess, use, profit from and dispose of these results 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 Party B shall notify Party A within 30 days after the completion of the research, development, design and production achievements that Party B thinks should be enjoyed by itself. 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. If negotiation fails, it shall be settled through relevant legal channels.
Article 5 Both parties to this agreement agree and confirm that Party B must abide by laws, regulations, industry practices and confidentiality rules and regulations formulated by Party A during his employment with Party A, and perform the confidentiality duties corresponding to his 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 Party A's consent, Party B shall not disclose, inform, publish, publish, impart, transfer or make any third party (including other employees of Party A who are unaware of the confidential information) know the confidential information that belongs to Party A or belongs to a third party, but Party A promises to keep confidential, and shall not use the confidential information outside performing its duties.
Article 7 Both parties hereto agree and confirm that Party B shall not contact Party A's customers privately or engage in any business privately during his tenure. 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 to this agreement agree and confirm that Party B shall not introduce the same or similar business to Party A to a third party other than Party A during his term of office. Party B's resignation in any form shall not take away the business that has been formed or will be formed. Otherwise, Party B shall compensate Party A for the losses equivalent to the above business contract amount.
Article 9 Both parties to this agreement agree and confirm that after Party B leaves his post (including but not limited to the termination of the labor contract or his resignation for any reason before the expiration of the labor contract), he is still obliged to keep confidential the secrets that he has contacted, learned and mastered, but which belong to Party A or a third party, but which Party A has promised to keep confidential, and shall not use the relevant secrets without authorization. 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, notes, reports, letters, faxes, tapes, floppy disks (floppy disks, hard disks), optical disks, instruments, audio tapes and other forms of carriers held or kept by Party B for work needs, regardless of whether they have technical or commercial value, belong to Party A..
Article 11 Both parties to this agreement agree and confirm that when Party B leaves his post or at the request of Party A, he shall return all the property belonging to Party A, including all the carriers that record Party A's secrets. ..
Article 12 Both parties to this Agreement agree and confirm that without the prior written consent of Party A, Party B shall not use the secrets of Party A that it has obtained, known or mastered to operate or participate in any business or activity that constitutes or may constitute competition for Party A in any way (including but not limited to its sole proprietorship, joint venture or holding shares or other rights and interests in other companies or enterprises). ) inside or outside China.
Article 13 Both parties agree and confirm that during Party A's employment, Party B shall not directly or indirectly engage in business that is competitive with Party A's business (shall not hold any position in other enterprises that are or may be competitive with Party A), shall not (directly or indirectly) provide consulting services to Party A's competitors, and shall not instigate 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 will be regarded as a fundamental violation of this agreement, and 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 compensate Party A for all losses, including but 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, which cannot be settled through negotiation, may be submitted to the Arbitration Commission for arbitration. The above agreement shall not affect Party A's request to the intellectual property management department for administrative treatment of the infringement.
Article 16 If part or all of this Agreement conflicts with other written or oral agreements signed by both parties before this Agreement comes into effect, this Agreement shall prevail.
Article 17 Both parties to this agreement agree and confirm that they have read this agreement carefully before signing it, fully understood the contents of all terms and the legal consequences involved, and are 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)
date month year