This Software Non Disclosure Agreement is essential for any business engagement involving the sharing of sensitive software-related information in Ireland. It should be used when parties need to exchange confidential information relating to software development, source code, algorithms, technical specifications, or other proprietary technology. The document is structured to comply with Irish legal requirements, including the Data Protection Act 2018 and Trade Secrets Regulations, while providing comprehensive protection for intellectual property and confidential information. It is particularly relevant for software development projects, technology partnerships, software licensing negotiations, and consulting arrangements where access to proprietary software information is required. The agreement includes specific provisions for technical data protection, permitted uses, and security measures tailored to software industry standards.
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1. Parties: Identification of the disclosing party and receiving party, including full legal names and registered addresses
2. Background: Context of the disclosure, including the purpose of sharing confidential information related to software
3. Definitions: Key terms including 'Confidential Information', 'Software', 'Intellectual Property Rights', 'Representatives', and 'Permitted Purpose'
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 Confidentiality: Core confidentiality obligations, including duty to maintain secrecy and prevent unauthorized access
6. Permitted Use and Disclosure: Circumstances under which the receiving party may use or disclose the confidential information
7. Security Measures: Required technical and organizational measures to protect confidential information
8. Return or Destruction of Information: Obligations regarding the handling of confidential information upon termination
9. Duration and Survival: Term of the agreement and which obligations survive termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Source Code Protection: Additional provisions specifically for source code protection, used when source code access is part of the disclosure
2. Third Party Access: Provisions for allowing controlled access to third party contractors or consultants, used when third party involvement is anticipated
3. Data Protection Compliance: Specific GDPR and Data Protection Act compliance measures, used when personal data processing is involved
4. Cloud Storage Provisions: Special provisions for cloud-stored information, used when confidential information will be stored in cloud environments
5. Export Control: Provisions regarding international transfer of technology, used when parties are in different jurisdictions
6. Reverse Engineering Prohibition: Explicit prohibition of reverse engineering software, used when protecting proprietary software algorithms
1. Schedule 1 - Specified Purpose: Detailed description of the permitted purpose and scope of information sharing
2. Schedule 2 - Security Requirements: Specific technical and organizational security measures required
3. Schedule 3 - Authorized Representatives: List of individuals authorized to access confidential information
4. Appendix A - Categories of Confidential Information: Detailed categorization of types of confidential information covered
5. Appendix B - Approved Security Protocols: Specific security protocols and standards to be followed
Relevant legal definitions
Agreement
Confidential Information
Software
Source Code
Object Code
Documentation
Intellectual Property Rights
Trade Secrets
Permitted Purpose
Authorized Representatives
Disclosing Party
Receiving Party
Representatives
Technical Specifications
Development Environment
Security Protocols
Personal Data
Processing
Derivative Works
Proprietary Information
Software Architecture
APIs
Data Protection Laws
Confidentiality Period
Business Day
Force Majeure Event
Effective Date
Term
Third Party
Affiliated Companies
Software Tools
Testing Environment
Production Environment
Algorithms
Machine Learning Models
User Interface Design
Database Schema
Confidential Information
Software
Source Code
Object Code
Documentation
Intellectual Property Rights
Trade Secrets
Permitted Purpose
Authorized Representatives
Disclosing Party
Receiving Party
Representatives
Technical Specifications
Development Environment
Security Protocols
Personal Data
Processing
Derivative Works
Proprietary Information
Software Architecture
APIs
Data Protection Laws
Confidentiality Period
Business Day
Force Majeure Event
Effective Date
Term
Third Party
Affiliated Companies
Software Tools
Testing Environment
Production Environment
Algorithms
Machine Learning Models
User Interface Design
Database Schema
Clauses
Confidentiality
Intellectual Property
Data Protection
Information Security
Access Rights
Use Restrictions
Non-Disclosure
Return of Information
Breach Notification
Duration
Survival
Permitted Disclosures
Technical Safeguards
Source Code Protection
Reverse Engineering
Cloud Storage
Export Control
Third Party Access
Representatives' Obligations
Remedies
Injunctive Relief
Governing Law
Jurisdiction
Assignment
Severability
Entire Agreement
Notices
Force Majeure
Amendments
Counterparts
Intellectual Property
Data Protection
Information Security
Access Rights
Use Restrictions
Non-Disclosure
Return of Information
Breach Notification
Duration
Survival
Permitted Disclosures
Technical Safeguards
Source Code Protection
Reverse Engineering
Cloud Storage
Export Control
Third Party Access
Representatives' Obligations
Remedies
Injunctive Relief
Governing Law
Jurisdiction
Assignment
Severability
Entire Agreement
Notices
Force Majeure
Amendments
Counterparts
Relevant Industries
Information Technology
Software Development
Technology Consulting
Cloud Computing
Cybersecurity
Financial Technology
Healthcare Technology
Gaming and Entertainment
E-commerce
Telecommunications
Enterprise Software
Relevant Teams
Legal
Information Technology
Software Development
Information Security
Compliance
Research and Development
Product Development
Quality Assurance
Solutions Architecture
Technical Operations
Intellectual Property
Relevant Roles
Chief Technology Officer
Software Development Manager
IT Director
Legal Counsel
Software Engineer
Product Manager
Systems Architect
Information Security Officer
Technology Consultant
Development Team Lead
Project Manager
Compliance Officer
Intellectual Property Manager
Technical Director
Software Quality Assurance Manager
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