The Free Confidentiality Agreement serves as a critical tool for protecting sensitive business information in various commercial contexts within the United States. This document is commonly used when parties need to share proprietary information during business discussions, negotiations, or collaborative projects. It defines what constitutes confidential information, establishes the receiving party's obligations, and provides legal remedies if breached. The agreement complies with federal and state trade secret laws while remaining accessible and straightforward to implement.
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1. Parties: Identification of all parties entering into the agreement, including legal names and addresses
2. Background: Context and purpose of the agreement, including the nature of the relationship between parties
3. Definitions: Clear definitions of key terms, especially 'Confidential Information'
4. Scope of Confidentiality: Detailed description of what constitutes confidential information and how it may be used
5. Obligations: Specific duties of the receiving party regarding confidential information
6. Term and Termination: Duration of the agreement and conditions for termination
7. Return of Information: Requirements for returning or destroying confidential information
8. Governing Law: Specification of jurisdiction and applicable law
1. Non-Solicitation: Additional clause to prevent receiving party from soliciting employees or customers of the disclosing party
2. Non-Competition: Additional restrictions preventing receiving party from competing with disclosing party in specified contexts
3. Survival: Specification of which provisions survive after agreement termination
4. Security Measures: Detailed security protocols and requirements for handling confidential information
1. Schedule A - Description of Confidential Information: Detailed list or categories of protected information covered by the agreement
2. Schedule B - Authorized Representatives: List of individuals authorized to receive and handle confidential information
3. Schedule C - Security Protocols: Specific procedures and requirements for handling and protecting confidential information
4. Schedule D - Excluded Information: List of information specifically excluded from confidentiality obligations
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