The Non-Use Agreement is a crucial legal instrument used in German business transactions where one party needs to prevent another party from using specific confidential information, technology, or assets. This document is particularly relevant in scenarios involving potential business partnerships, joint ventures, or situations where sensitive information needs to be shared but its use must be restricted. The agreement must comply with German legal requirements, including the German Civil Code (BGB), German Trade Secret Act (GeschGehG), and competition laws. It typically includes detailed provisions on the scope of protected information, specific restrictions, security measures, and enforcement mechanisms. The document is especially important in industries where intellectual property and trade secrets are valuable assets, and it helps establish clear boundaries for the handling and non-use of sensitive information.
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1. Parties: Identification and details of the contracting parties, including full legal names, registration numbers, and addresses
2. Background: Context of the agreement, including the relationship between parties and the purpose of the non-use restrictions
3. Definitions: Clear definitions of key terms, especially 'Protected Information', 'Non-Use', and other relevant technical or legal terms
4. Scope of Protected Information: Detailed description of the information, materials, or assets subject to non-use restrictions
5. Non-Use Obligations: Specific restrictions and obligations regarding the non-use of protected information
6. Security Measures: Required measures to ensure protected information is properly secured and protected from unauthorized access
7. Duration: Term of the agreement and survival of obligations
8. Return or Destruction of Information: Obligations regarding the handling of protected information upon termination
9. Breach and Remedies: Consequences of breach, including penalties and available legal remedies
10. Governing Law and Jurisdiction: Specification of German law as governing law and jurisdiction for disputes
1. Third Party Access: Rules regarding disclosure to third parties, used when third-party access might be necessary
2. Audit Rights: Rights to audit compliance with the agreement, included when ongoing monitoring is desired
3. Insurance Requirements: Specific insurance obligations, included for high-value or high-risk information
4. Force Majeure: Provisions for extraordinary circumstances, included when long-term obligations exist
5. Assignment and Succession: Rules about transferability of rights and obligations, included when relevant to business context
6. Severability Clause: Standard clause under German law ensuring partial validity if some provisions are invalid
7. Data Protection Provisions: Specific GDPR compliance measures, included when personal data is involved
1. Schedule 1: Protected Information: Detailed list and description of all information subject to non-use restrictions
2. Schedule 2: Authorized Personnel: List of individuals authorized to access the protected information, if applicable
3. Schedule 3: Security Protocols: Detailed security measures and procedures for handling protected information
4. Schedule 4: Reporting Requirements: Specific procedures for reporting any breaches or unauthorized access
5. Appendix A: Form of Destruction Certificate: Template certificate confirming destruction of protected information when required
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Pharmaceuticals
Biotechnology
Research & Development
Financial Services
Professional Services
Automotive
Chemical Industry
Software Development
Defense
Aerospace
Healthcare
Energy
Telecommunications
Relevant Teams
Legal
Compliance
Information Security
Research & Development
Innovation
Business Development
Intellectual Property
Corporate Strategy
Operations
Procurement
Product Development
Risk Management
Information Technology
Relevant Roles
Chief Executive Officer
Chief Technology Officer
Chief Legal Officer
General Counsel
Intellectual Property Manager
Research Director
Head of Innovation
Business Development Manager
Project Manager
Legal Counsel
Compliance Officer
Information Security Officer
Research Scientist
Product Development Manager
Technology Transfer Officer
Partnership Manager
Procurement Manager
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