In today's society, there are more and more places where agreements are used, and signing agreements is one of the most effective legal basis. What problems should I pay attention to when writing an agreement? The following is the format of the confidentiality agreement I collected for you. Welcome to read the collection.
Non-disclosure agreement format 1 This agreement is signed by the following two parties on xx, xx, XX and takes effect.
1. Suzhou Zhongke Integrated Circuit Design Center (hereinafter referred to as "Party A")
The company address is:
Postal code:
2. (hereinafter referred to as "Party B")
The company address is:
Postal code:
Whereas:
1. For the technical and business cooperation between Party A and Party B, both parties will request the other party to provide it in written or oral form, and will own or already own some non-public, confidential and professional information and materials of the other party;
2. Both parties are willing to keep confidential the confidential information under this agreement according to the provisions of this agreement.
For this reason, both parties have reached the following agreement:
The first definition
Confidential information: refers to the following information about a third party provided by the provider to the recipient, owned or proprietary by the provider or its shareholders and other affiliated companies, or for which the provider has confidentiality obligations, and all materials and information clearly marked as "confidential" on the information carrier. Confidential materials include but are not limited to non-public, confidential or professional information and data, such as integrated circuit design layout data, business records and plans, trade secrets, technical data, product projects, product design information, price structure and cost.
Article 2 Confidential information does not include the following information:
1. When receiving the confidential information, the receiving party has learned it from other sources, and there is no confidentiality restriction;
2. One party obtains information that has been or will be made public through legal acts;
3. Information disclosed according to government requirements, orders and judicial regulations.
Article 3 After receiving confidential information, the receiving party must undertake the following obligations:
1. Keep confidential information carefully and strictly confidential. It shall not be disclosed to any third party without the prior written consent of the provider;
2. The receiving party may disclose confidential information to the third-party company designated by it, but it is limited to the cooperation between the two parties, and the company shall first promise to keep it confidential in writing;
3. The receiving party can only disclose confidential information to its managers, employees, consultants and other employees who directly or indirectly participate in the cooperation matters (collectively referred to as "related personnel"), but shall ensure that such related personnel keep the confidential information strictly confidential;
4. If a competent court or other judicial, administrative or legislative body requires Party B to disclose confidential information, the receiving party will immediately notify the provider of the request (1); (2) If the receiving party must provide confidential information according to the above requirements, the receiving party will cooperate with the provider to take legal and reasonable measures to require the confidential information provided to be kept confidential;
5. If the recipient or relevant personnel violate the confidentiality obligation of this agreement, the recipient shall bear the corresponding responsibilities and compensate the provider for the losses caused thereby.
Article 4 Without the written consent of the other party, neither party may transfer its rights and obligations under this Agreement to a third party.
Article 5 Both parties agree that after this agreement comes into effect, if the state promulgates laws, regulations and management regulations on the export and re-export of property rights materials, both parties have the obligation to abide by these laws, regulations and management regulations.
Article 6 Each part of this Agreement constitutes a complete confidentiality agreement and supersedes any previous understandings or agreements reached by both parties on matters mentioned in this Agreement. This agreement shall not be changed or modified without the written consent of the other party.
Article 7 Both parties acknowledge and agree that unless the provider expressly states in writing, the disclosure of confidential information by the provider to the recipient does not constitute the transfer or grant of trademarks, patents, technical secrets or other intellectual property rights owned by the recipient, nor does it constitute the transfer or other intellectual property rights and other related interests to the recipient.
Article 8 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 no settlement can be reached through negotiation, it shall be settled through arbitration in Suzhou.
Article 9 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.
Article 10 This Agreement is made in duplicate, with the same effect, and each party holds one copy.
Party A: Suzhou Zhongke Integrated Circuit Design Center
_ _ _ _ _ _ _ _ _ _ _ _ _ (authorized representative)
Party B: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ (authorized representative)
Confidentiality Agreement Format 2 Party A:
Party B:
In order to ensure the interests of both parties and avoid unnecessary disputes between them in the future, both parties voluntarily reached a confidentiality agreement on this project, with specific terms as follows:
1. Both parties to this agreement shall keep the other party's information, documents, drawings, digital and analog models, tools, samples, knowledge, experience and other achievements obtained orally, in writing or in other ways in the course of mutual cooperation strictly confidential, and shall not publicly display or disclose the above information to a third party in any way without the permission of the other party. Except for the consent stipulated in the contract, the above information cannot be used by the party not included in the contract for purposes other than the execution of the contract.
2. Without the written permission of Party A, Party B shall not provide the third party with the 3D digital model, 2D drawings, product samples, pictures, physical models, processing templates and other technical materials designed for this project.
3. Without written consent, neither party may transfer the rights and obligations in this contract to a third party.
4. When necessary, each party to the agreement is responsible for returning all written agreement materials, stored data, drawings or models to the other party, and shall not leave any copies or delete the stored relevant agreement materials.
5. If the employees of one party to this agreement, especially those who have left their jobs, obtain or can obtain any information of this project, that party has the responsibility to ensure that its employees undertake the confidentiality obligation of this information according to the provisions of this agreement.
6. Even if the data is decrypted, the other party to the agreement shall not use the data within the scope of this project without authorization.
7. Unless otherwise specified, the invention of an employee of one party to the agreement belongs to that party's patented invention, and the cooperative invention belongs to both parties to the agreement. The application for a patent for this kind of invention can only be implemented after both parties agree through consultation.
9. If some provisions of this agreement are invalid or invalid, the other valid provisions of this agreement as a whole shall continue to be implemented without being affected. It is the responsibility of both parties to the agreement to work out an effective clause that is as consistent as possible with the economic intention of the original invalid part through consultation to replace the invalid part.
10. Intellectual property rights such as invention patents, design patents, utility model patents, trademark rights, proprietary technologies and technological achievements directly involved in this project belong to Party A. Without Party A's written permission, Party B shall not apply for patents or transfer them to a third party. Shall not be provided to a third party for implementation and use; Do not sell the contract to a third party or transfer the production of the project products.
1 1. Both parties shall take necessary measures to ensure the implementation of the above confidentiality clause.
12. liquidated damages: the breaching party shall bear all losses of the injured party.
13. Validity of this confidentiality agreement: #url# Unless otherwise specified, this confidentiality agreement shall be valid for 5 years from the date of receipt of the agreement materials.
14. This agreement is only applicable to China and abides by the laws and regulations of China.
15. Matters not covered shall be settled by both parties through consultation and confirmed in the form of meeting minutes signed by the project leaders of both parties, which shall have legal effect.
This agreement shall come into force as of the date of signature by authorized representatives of both parties.
Party A:
(signature):
Party B:
(signature):
20xx May 10
Non-disclosure Agreement Format 3 Party A:
company
Party B:
factory
After friendly negotiation, Party A and Party B hope to establish a long-term friendly cooperative relationship to effectively protect the confidential information in cooperation. The contents of the cost agreement are as follows:
The confidential information referred to in this Agreement refers to any commercial, marketing, technical, drawings, products, molds, designs or other information obtained by Party B from Party A (or its parent company, subsidiaries, affiliated companies and the end customers of Party A) in the course of cooperation, regardless of its form or carrier, or whether it is disclosed orally, graphically or in writing.
1. Party B guarantees that the above confidential information will only be used for cooperation-related purposes or purposes, and will be properly kept. According to Party A's requirements, Party B shall return all documents or other materials containing confidential information to Party A or destroy them according to Party A's instructions. After the cooperation is terminated, Party A has the right to request Party B to return confidential information.
2. All product drawings, samples, technical data and product descriptions sent by Party A to Party B in any effective form, whether for quotation or production by Party B, shall not be used by Party B, sent to any third party or made public.
3. All molds invested by Party A shall be kept by Party B after production, but the ownership and intellectual property rights shall be owned by Party A. Without the written permission of Party A, Party B shall not destroy, transfer or produce them by itself or for other third parties, and Party A has the right to take back the molds at any time.
4. The intellectual property rights of all products that Party A entrusts Party B to process on its behalf belong to Party A. Without Party A's written permission, Party B shall not use the drawings, molds or products of Party A's products, including physical objects or photos, for publicity in any newspapers, magazines, product manuals, product exhibition halls or online, and shall not introduce the products to any third party in any way.
5. Party B shall not directly or indirectly deal with Party A's end customers on projects that Party A cooperates with, no matter how well Party B knows these customers. Party B's quotation to Party A and the price of the factory cannot inform Party A's final customers in any form. If the mail or other information sent by the customer to Party B is not copied to Party A, Party B must forward it to Party A and cannot reply directly.
6. If Party A arranges customers to visit and inspect Party B, Party B shall tidy and clean the visiting area according to Party A's requirements, and provide staff to cooperate with Party A's work. At the same time, without the consent of Party A, Party B shall not inform or provide Party B's business card, product catalogue, brief introduction and other relevant documents and materials with contact information to customers. It is also forbidden to keep customers' business cards, catalogues, profiles and other documents and materials related to contact channels without permission.
7. Party B shall take effective measures on its own to ensure the normal operation of the above security measures. Where Party B's affiliated company or Party B's staff causes losses to Party A in the above matters, Party B's unit shall bear all responsibilities.
8. If Party B violates any provision of this Agreement, it shall bear the liability for breach of contract and pay Party A a penalty of RMB 654.38 million. The above liquidated damages shall not affect the injured party's claim against the defaulting party. The compensation shall be limited to the actual loss of Party A or all illegal gains of Party B. ..
9. This contract shall come into effect as of the date of signature and seal, and the validity period shall be from the cooperation period of Party A and Party B to 5 years after the cooperation is terminated.
10. Any dispute arising from this agreement, if negotiation fails, shall have the right to bring a lawsuit to the people's court where Party A is located.
Party A (seal):
Address:
Signature of representative:
Party B (seal):
Address:
Signature of representative:
Confidentiality Agreement Format 4 Party A:
Address:
Party B:
Whereas Party A and Party B are preparing to invest in the company controlled by Party A (hereinafter referred to as the target company), in order to protect the rights and interests of confidential information of all parties, this confidentiality agreement is hereby signed through friendly negotiation on the principle of mutual trust and win-win cooperation.
1, definition of confidential information
The confidential information mentioned in this agreement includes but is not limited to:
1. Documents provided by Party A to Party B, including but not limited to: industry research reports, business plans and trade secrets; Product design, technical scheme, test data and formula; Corporate governance structure, marketing, pricing and after-sales service; Financing, assets and other statements and other information. But it does not include the information that Party A has released to the public before the signing of this Agreement. Disclosure methods include but are not limited to letters, faxes, memos, meeting minutes, agreements, reports, plans, suggestions, emails, etc.
2. The materials provided by Party B to Party A include but are not limited to: listing guidance materials, listing plan proposal, memorandum, listing plan, listing investment and financing contract and other materials. But it does not include the information that Party B has disclosed to the public before the signing of this Agreement.
2. The source and authenticity of confidential information
Each party shall confirm that all documents provided to the other party are obtained voluntarily through legal channels, and each party promises to bear legal responsibility for the authenticity of relevant documents and licenses provided.
Third, the scope of confidential information circulation.
All parties shall strictly control the confidential information within the scope of their project decision makers and managers.
Four. Obligation of confidentiality
1. Except for the need of cooperation, without the consent of Party B, Party A promises not to know the technical secrets or other business secrets that belong to Party B or others, but which Party B promises to keep confidential, nor to use them outside the cooperation.
2. Without the consent of Party A, Party B promises not to disclose the business secrets, patented technology and production process of Party A to any third party in any form, and promises not to use the information for commercial purposes other than this cooperation.
3. The term of confidentiality obligation is the first anniversary from the date of signing this Agreement.
4. Party A confirms that the senior management and employees of the company have signed the Non-competition Agreement and the Non-disclosure Agreement, and promises to Party B that the employees, managers and shareholders of Party A will not use the business secrets they know in the course of cooperation between Party A and Party B to engage in the trading of relevant stocks in the future.
Verb (abbreviation for verb) returns information.
If the project is interrupted or terminated for any reason, each party shall return all the materials of the other party to the original (including the original, its copy and other forms of expression; If the material is in non-returnable form or has been copied or transcribed into other materials, it should be deleted).
Mediation of intransitive verb disputes
Any dispute arising from the performance of this Agreement shall be settled through friendly negotiation. If no settlement can be reached through friendly negotiation, it can be submitted to China International Economic and Trade Arbitration Commission in Beijing, China for arbitration in accordance with the arbitration rules in effect at the time of submission. Both parties agree that arbitration shall be governed by relevant laws and regulations of People's Republic of China (PRC).
Seven. Validity of the agreement
This agreement shall come into force as of the date of signing and shall be valid for three (3) years from the date of signing this agreement.
Eight. Entry into force of the agreement
This agreement is made in triplicate, with each party holding one copy (1), which have the same legal effect and come into force as of the date of signature by all parties. This agreement contains all the understandings of the parties to the contract, and supersedes all previous expressions of will, written materials, negotiations or understandings.
Party A: (Seal)
Signature of authorized representative:
Party B:
Signature of authorized representative:
Date of signing:
Date of signing:
;