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CONFIDENTIAL INFORMATION
AGREEMENT
This Confidential Information Agreement dated this
____ day of ___________________is made by and between _________________,
("Developer"), a Florida corporation, and _________________________,
______, ("Client"), a _____________________________________________,
("collectively, the Parties").
WHEREAS, this Agreement shall be effective as of the first
date of disclosure of any introduced third parties or proprietary or
confidential information or the last date signed whichever is earlier;
and
WHEREAS, representatives of DEVELOPER and Client plan
to participate in meetings and discussions concerning the possibility
of Developer providing certain services to Client related to the development
of a certain web site and related services.
WHEREAS, the Parties wish to establish terms governing
the use and protections of certain information that either party may
disclose to the other in the course of discussions and negotiations;
and
WHEREAS, the intent of the Parties hereto is to provide
the highest care and protection of either Parties Confidential Information
(defined below) not less than if such Confidential Information were
their own.
NOW, THEREFORE, DEVELOPER and Client, in consideration of the premises,
the terms and provisions of this Agreement, the mutual benefit to be
gained by the performance hereof and other good and valuable consideration,
the receipt and sufficiency of which are hereby acknowledged, hereby
agree as follows:
1.
T
[Remainder of Paragraph Deleted - Included in fully licensed version]
2.
Each
party agrees that Confidential Information disclosed to it under this
Agreement may be disclosed to employees and agents within their organization
who specifically have [Remainder of Paragraph
Deleted - Included in fully licensed version]
3.
The
Parties agree that during the term of this Agreement, and for a period
of two (2) years following the term of this Agreement the parties will
not, [Remainder of Paragraph Deleted - Included
in fully licensed version]
4.
For
purposes of this Agreement, Confidential Information shall mean information,
including a [Remainder of Paragraph Deleted -
Included in fully licensed version]
5.
Confidential
Information shall not be deemed to be in the public domain merely because
any part of the Confidential Information is included in the general
disclosures or because individual features or components are now publicly
known. Each party's obligations with respect to the
Confidential Information shall terminate when the party seeking to avoid
its obligation can document that: (i) it was in the public domain at
or subsequent to the time it was communicated to the receiving party
by the [Remainder of Paragraph Deleted - Included
in fully licensed version]
6.
Either
party shall have the right to refuse to accept the disclosure of any
Confidential Information, and neither party shall be obligated to disclose
to the other party any particular Confidential Information. This clause of this Agreement does not include
Third Parties.
7.
The
Parties hereto shall not have any liability or responsibility for errors
or omissions in, or any business decisions made by either party in reliance
upon proprietary or [Remainder of Paragraph Deleted
- Included in fully licensed version]
8.
Except
as otherwise permitted in this Agreement, neither party, nor their respective
employees, officers, directors, managers, members, affiliates, agents,
or associates will directly or indirectly make any contact with, deal
with, or otherwise be involved with any third parties first introduced
by either of them to[Remainder of Paragraph Deleted
- Included in fully licensed version].
9.
Due
to the nature of this Agreement, a violation therein of its terms by
either party might cause irreparable harm to the other party leaving
no adequate remedy at law, therefore in the case of a breach of this
Agreement, the Parties consent in advance to entry of a preliminary
injunction and entitled to specific performance [Remainder
of Paragraph Deleted - Included in fully licensed version]
10.
This
Agreement contains the entire agreement of the Parties, and shall be
binding, addendum and collateral, to any and all previous or successor
agreements unless this Agreement [Remainder of
Paragraph Deleted - Included in fully licensed version]
11.
This
Agreement shall bind the undersigned parties hereto, their corporations,
affiliates and trustees, and inure to the benefit of the undersigned
parties hereto and their successors, assigns, affiliates, subsidiaries,
trustees and parent companies.
12.
Any
disputes, violations or breach, or threat of violation or breach of
this Agreement shall be brought in the courts of ______________, without
reference to its conflicts of laws principals.
IN WITNESS WHEREOF, the Parties have
caused this Agreement to be agreed and accepted and duly executed below.
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