The Software Non Disclosure Agreement is essential for protecting proprietary software information in the Philippine business environment. It should be used whenever confidential software-related information needs to be shared between parties, whether for potential business relationships, development projects, or software licensing discussions. The document ensures compliance with Philippine legislation, particularly the Data Privacy Act of 2012 and the Intellectual Property Code, while addressing specific software industry needs. It covers various aspects of confidential information including source code, development methodologies, algorithms, technical specifications, and client data. This agreement is particularly relevant given the Philippines' growing technology sector and its position as a major software development hub.
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1. Parties: Identification of the disclosing and receiving parties, including their legal names, addresses, and corporate details
2. Background: Context of the agreement, relationship between parties, and purpose of sharing confidential information
3. Definitions: Detailed definitions of key terms including 'Confidential Information', 'Software', 'Trade Secrets', 'Intellectual Property Rights', and other relevant terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information, specifically relating to software, source code, algorithms, and related documentation
5. Obligations of Receiving Party: Specific duties and responsibilities regarding the protection and non-disclosure of confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and professional advisors
7. Security Measures: Required technical and organizational measures to protect confidential information
8. Term and Survival: Duration of the agreement and obligations that continue after termination
9. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination or request
10. Breach and Remedies: Consequences of breach and available legal remedies including injunctive relief
11. Governing Law and Jurisdiction: Specification of Philippine law as governing law and jurisdiction for disputes
1. Data Privacy Compliance: Additional provisions specifically addressing compliance with the Data Privacy Act of 2012, used when personal data is involved
2. Third Party Disclosure: Provisions for handling disclosure to third party contractors or service providers, included when third party access is anticipated
3. Source Code Protection: Specific provisions for protecting source code, used when source code access is part of the arrangement
4. Cloud Storage and Transfer: Provisions regarding cloud storage and international transfer of data, included when cloud services are used
5. Audit Rights: Rights to audit compliance with the NDA, included for high-security situations
6. Non-Solicitation: Prevents hiring of each other's employees, included when there's significant employee interaction
7. Reverse Engineering Prohibition: Specific provisions prohibiting reverse engineering of software, included when software access is provided
1. Schedule A - Description of Confidential Information: Detailed list and description of specific confidential information covered
2. Schedule B - Authorized Personnel: List of authorized personnel who may access the confidential information
3. Schedule C - Security Protocols: Specific security measures and protocols to be followed
4. Schedule D - Data Handling Procedures: Detailed procedures for handling, storing, and disposing of confidential information
5. Appendix 1 - Acknowledgment Form: Form for authorized personnel to acknowledge their obligations under the NDA
Relevant legal definitions
Clauses
Relevant Industries
Information Technology
Software Development
Financial Services
Healthcare Technology
E-commerce
Telecommunications
Digital Marketing
Cloud Services
Cybersecurity
Business Process Outsourcing
Enterprise Software
Mobile App Development
Gaming and Entertainment
Education Technology
Research and Development
Relevant Teams
Legal
Information Technology
Software Development
Information Security
Compliance
Research & Development
Product Development
Quality Assurance
Business Development
Project Management
DevOps
Enterprise Architecture
Technical Operations
Procurement
Risk Management
Relevant Roles
Chief Technology Officer
Software Development Manager
IT Director
Software Engineer
Product Manager
Technical Lead
System Architect
Business Development Manager
Legal Counsel
Information Security Officer
Project Manager
Quality Assurance Manager
DevOps Engineer
Solutions Architect
Technical Consultant
Compliance Officer
IT Security Manager
Software License Manager
Chief Information Officer
Intellectual Property Lawyer
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