A Software Non Disclosure Agreement is essential when sharing sensitive software-related information in England and Wales. This document is commonly used when discussing software development projects, sharing source code, or revealing proprietary technical information. It provides legal protection under English law, incorporating requirements from the Trade Secrets Regulations 2018 and relevant data protection legislation. The agreement defines what constitutes confidential information, how it can be used, and the obligations of all parties to maintain its confidentiality.
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1. Parties: Identifies and defines the contracting parties
2. Background: Sets out context and purpose of the NDA
3. Definitions: Defines key terms including Confidential Information, Software, and other relevant terms
4. Confidentiality Obligations: Core obligations regarding use and protection of confidential information
5. Permitted Purpose: Defines the scope of permitted use of confidential information
6. Term and Termination: Duration of agreement and termination provisions
7. Return of Confidential Information: Obligations regarding return or destruction of confidential information
8. Governing Law and Jurisdiction: Specifies English and Welsh law as governing law and jurisdiction
1. Data Protection: Specific provisions for handling personal data under UK GDPR and Data Protection Act 2018
2. Source Code Protection: Enhanced protection measures specifically for software source code
3. Third Party Disclosure: Provisions governing disclosure to authorized third parties such as contractors or advisors
4. Security Requirements: Technical and organizational security measures for protecting software and related information
1. Schedule 1 - Description of Confidential Information: Detailed list of software, documentation, and other confidential information covered by the NDA
2. Schedule 2 - Authorized Representatives: List of individuals authorized to access and handle the confidential information
3. Schedule 3 - Security Protocols: Specific security requirements and procedures for handling software and related information
4. Schedule 4 - Permitted Purpose: Detailed description of authorized use cases and purposes for the confidential information
Relevant legal definitions
Agreement
Confidential Information
Software
Source Code
Documentation
Intellectual Property Rights
Licensed Materials
Permitted Purpose
Authorized Representatives
Technical Specifications
Development Tools
Trade Secrets
Proprietary Information
Security Requirements
Affiliate
Business Day
Commencement Date
Disclosing Party
Receiving Party
Term
Personal Data
Developer Materials
APIs
Object Code
Test Data
Development Environment
System Architecture
Software Documentation
Derivative Works
Third Party Software
Confidential Information
Software
Source Code
Documentation
Intellectual Property Rights
Licensed Materials
Permitted Purpose
Authorized Representatives
Technical Specifications
Development Tools
Trade Secrets
Proprietary Information
Security Requirements
Affiliate
Business Day
Commencement Date
Disclosing Party
Receiving Party
Term
Personal Data
Developer Materials
APIs
Object Code
Test Data
Development Environment
System Architecture
Software Documentation
Derivative Works
Third Party Software
Clauses
Confidentiality Obligations
Permitted Use
Term and Duration
Security Measures
Return or Destruction of Information
Intellectual Property Rights
Non-Disclosure
Data Protection
Exceptions to Confidentiality
Breach Notification
Remedies
Indemnification
Representations and Warranties
Assignment
Third Party Rights
Force Majeure
Survival
Severability
Notice Requirements
Entire Agreement
Amendment
Waiver
Counterparts
Costs
Governing Law
Jurisdiction
Dispute Resolution
Source Code Protection
Access Controls
Termination Rights
Permitted Use
Term and Duration
Security Measures
Return or Destruction of Information
Intellectual Property Rights
Non-Disclosure
Data Protection
Exceptions to Confidentiality
Breach Notification
Remedies
Indemnification
Representations and Warranties
Assignment
Third Party Rights
Force Majeure
Survival
Severability
Notice Requirements
Entire Agreement
Amendment
Waiver
Counterparts
Costs
Governing Law
Jurisdiction
Dispute Resolution
Source Code Protection
Access Controls
Termination Rights
Relevant Industries
Relevant Teams
Relevant Roles
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