This Non-Disclosure Agreement For Software Development is designed for use in the United Arab Emirates when parties need to protect sensitive information during software development projects. It incorporates requirements from UAE Federal Laws, including the Civil Code, Commercial Transactions Law, and Cybercrime Law, making it suitable for both local and international companies operating in the UAE. The agreement covers protection of source code, development methodologies, technical specifications, business information, and client data. It's particularly relevant for situations where development teams need to access proprietary information, third-party developers are engaged, or when software projects involve sensitive intellectual property. The document includes specific provisions for digital security measures and data handling protocols required under UAE law.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses as required under UAE law
2. Background: Context of the software development project and purpose of the NDA
3. Definitions: Detailed definitions including 'Confidential Information', 'Software', 'Source Code', 'Development Materials', and other key terms
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the software development context
5. Obligations of Confidentiality: Core confidentiality obligations and permitted uses of confidential information
6. Security Measures: Required security measures for protecting confidential information, including digital security requirements
7. Term and Survival: Duration of the agreement and surviving obligations
8. Return or Destruction of Confidential Information: Procedures for handling confidential information upon termination
9. Breach and Remedies: Consequences of breach and available remedies under UAE law
10. Governing Law and Jurisdiction: Specification of UAE law and jurisdiction
1. Permitted Disclosures to Employees and Contractors: Include when the receiving party needs to share information with its team members
2. Special Handling of Source Code: Include when source code access is part of the arrangement
3. Non-Solicitation Provisions: Include to prevent poaching of employees involved in the software development
4. Intellectual Property Rights: Include when development work or testing may create new IP
5. Data Protection Compliance: Include when personal data processing is involved
6. Export Control Compliance: Include when software or technology may be subject to export controls
7. Competitive Restrictions: Include when parties want to restrict work on competing projects
8. Escrow Arrangements: Include when source code or sensitive materials need to be held in escrow
1. Schedule 1 - Description of Software Project: Detailed description of the software development project context
2. Schedule 2 - Specified Confidential Information: Detailed list of specific materials, code, or information deemed confidential
3. Schedule 3 - Approved Security Protocols: Specific security measures and protocols to be followed
4. Schedule 4 - Authorized Personnel: List of individuals authorized to access confidential information
5. Appendix A - Form of Confidentiality Undertaking: Template for confidentiality undertakings by employees/contractors
6. Appendix B - Data Destruction Certificate: Template for certifying destruction of confidential information
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