Monday, April 26, 2010

Non Compete Agreement

1 comment:

  1. 6. Title: Each party acknowledges and agrees that As between the parties, the confidential information is and shall remain the sole and exclusive property of the disclosing party, No patent, copyright, trademark, trade secret or other proprietary right is licensed, granted or otherwise transferred by this agreement or any disclosure hereunder except for the right to use such confidential information in accordance herewith; and Any confidential information is provided by the disclosing party wholly on an 'AS IS' basis and no warranties of any kind are given with respect to any confidential information disclosed hereunder or any use thereof.

    7. This Agreement supersedes any and all prior agreements, written or oral, negotiations, communications, understanding and terms, whether expressed or implied regarding the confidential information, between the receiving party and the disclosing party relating to the Information. This Agreement may not be modified in whole or in part except by an agreement in writing signed by receiving party and the disclosing party. Any other agreements between the parties, including non-disclosure agreements will not be affected by this agreement.

    8. If any clause of this Agreement or part thereof is found by a court of law or jurisdiction to be unenforceable or void, the validity of any other clause or part thereof will not be affected.

    9. Nothing in this Agreement may be deemed or construed as creating any license or rights in or with respected to any invention, concept, discovery, trade secret, or information contained in the INFORMATION provided.

    10. This agreement shall not prevent the disclosing party from making use of, or disseminating the Information, or from entering into any agreement with any other party in connection with the Information in any way the 'disclosing party' deems fit and without any obligations to the 'receiving party'.

    11. The 'receiving party' shall make no use of the Information except for the purposes of evaluation recited herein, unless agreed to in writing by the 'disclosing party'. Upon payment of all outstanding fees, Company owns the application, images and associated computer files. Such information may be digitally stored or in hard copy format at RECEPIENT’S facilities. If requested in writing, 'receiving party' will provide all such materials to the disclosing party or his agent within 14 days of such request.

    12. The failure on either party to enforce any right resulting from breach of any provision of this agreement by the other party will not be deemed a waiver of any right relating to a subsequent breach of such provision or any other right herein under.

    13. Termination: Neither party has any obligation to disclose Information to the other. Either party may terminate this agreement at any time without cause upon written notice to the other party; provided that each party’s obligation with respect to Information disclosed during the term of this agreement will survive any such termination. Either party may at any time Cease giving confidential information to the other party with out any liability, and/or Request in writing the return or destruction of all or part of its Information previously disclosed, and all copies thereof, and the receiving party will promptly comply with such request, and certify in writing its compliance.

    In witness whereof, the parties have hereby executed this agreement as of the effective date.

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