This Non-disclosure/Non-compete Agreement (hereinafter referred to as the “Agreement”) is made and entered on this ____ day of _____ 2021 (the “Effective Date”), between Software & Creatives KG, KroisbachstraBe 20, 3340 Waidhofen an der Ybbs Austria +43 681 10513298 (hereinafter referred to as the “Company”), and ___________, Contact Info: _____________ (herein referred to as the “Freelancer”).
NOW THEREOF, in consideration of the mutual covenants and promises made by the Parties hereto, the Parties covenant and agree as follows:
- DEFINITION OF CONFIDENTIAL INFORMATION.
- For the purpose of this Agreement, “Confidential Information” means any personal information, included but not limited to the Company’s name, address and contact information as well as the concepts, ideas, data, ‘trade secrets’ and any other information covered under the Software Development Agreement between the Parties herein. The Freelancer cannot share the Company’s personal information or the concept ideas, data, ‘trade secrets’ and any other information covered under the Software Development Agreement with a third party without the Company’s written consent. The Freelancer shall not share or reveal the Company’s personal information and/or the concept of the Software Development Agreement with a third party or the public after the termination of the work contract.
- The Freelancer agrees to use the Confidential Information solely in connection with the current or contemplated work and/or business relationship between the parties and not for any purpose other than as authorized by this Agreement without the prior written consent of an authorized representative of the Company. No other right or license, whether expressed or implied, in the Confidential Information is granted to the Freelancer hereunder.
- TIME PERIODS
The Term of this Agreement shall be indefinite commencing on the Effective Date herein. The non-disclosure/non-compete provisions of this Agreement shall survive the termination of this Agreement and the Freelancer’s duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until the Company sends the Freelancer written notice releasing the Freelancer from this Agreement, whichever occurs first.
The Freelancer shall not, during the term of this Agreement or upon termination/cancellation thereof,
- Use the ideas, concept, knowledge and/or trade secrets shared herein or any other materials to start a similar project, blog, website and/or company.
- Pass off any ideas, concept, knowledge and/or trade secrets shared herein or any other materials as their own for the purpose of financial or material gain.
- Start a similar project, company, website, blog, online platform and/or offer similar services or any other services such as the ones offered by the Company under this Agreement.
- Use or adopt or purport to use or adopt the name or any trade or business name of the Company for any purpose.
- GENERAL PROVISION, GOVERNING LAW AND JURISDICTION.
- This Agreement contains the entire Agreement between the Parties relating to the subject matter hereof and supersedes any and all prior agreements or understandings, written or oral, between the parties related to the subject matter hereof. No modification of this Agreement shall be valid unless made in writing and signed by both parties hereto.
- This Agreement shall be governed by and construed in accordance with the laws of the Austria. Exclusive jurisdiction and venue shall be in Landesgericht St. Polten, Austria.
- Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the Effective Date.
COMPANY: _____________ _________________________ ___________
(SIGNATURE) (NAME) (DATE)
FREELANCER: _____________ ________________________ ___________
(SIGNATURE) (NAME) (DATE)
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