NON DISLOSURE AGREEMENT
which has been concluded according to § Section 1746(2) of Act No. 89/2012 Coll., the Civil Code, as on the day, month and year stated below
IČ (CIN): 04392574
DIČ (VATIN): CZ04392574
Residence: U Krčské vodárny 1134/63, 140 00 Praha 4, Czech Republic
Billing address: V Lipkách 775/1, Slivenec, 154 00 Praha 5, Czech Republic
Registered in business register at Municipal Court in Prague under section C 246782
Contact information: e-mail: email@example.com, tel.: +420 606 652 363 (Mon – Fri, 10:00 am – 18:00 pm), web: part2print.cz
Represented by Ing. Petr Šilhánek
Customer or client who, regardless of whether binding or non-binding, requests the services of Part2Print s.r.o.
(hereinafter collectively referred to as the “Parties”)
- The purpose of this agreement is to protect the confidential information that the Parties become acquainted with in the course of negotiations on cooperation and subsequent cooperation, within the framework of which Part2Print s.r.o. will provide 3D printing, prototyping and other services to the customer or client.
- The subject matter of this agreement is the further definition of the Parties’ confidential information and the assumption of the Parties’ obligation to keep such information confidential and not to disclose it or allow access to it to third parties or to use it for their own benefit or for the benefit of third parties, unless otherwise provided in this agreement.
- Such confidential information is considered:
- All data provided by both parties, regardless of the form and manner of disclosure or the way that the data is captured
- All information and details of the Parties’ technologies and production processes
- Any information which the Parties learn or disclose to each other
- The mere existence of such facts and the mutual cooperation of the Parties
- Trade secrets and confidential information within the meaning of Section 1730 of the Civil Code protected by this agreement shall also include all facts of a technical, economic, legal and production nature in tangible or intangible form which have been so designated by one of the Parties and have been provided to the other party. The Parties have an interest in their confidentiality and in the appropriate manner of their protection. Trade secrets and confidential information are hereinafter collectively referred to as “protected information”.
- Both Parties undertake that all facts within the scope of trade secrets and confidential information:
- The Parties shall not disseminate or reproduce it and shall not make it available to any third party.
- At the same time parties undertake to ensure that the documents and possible analyses containing trade secrets or confidential information are properly filed.
- The parties agree not to use the trade secrets and confidential information contrary to their purpose of the purpose of disclosing them for their own use or for the benefit of third parties
- The data sent to Part2Print s.r.o. shall be stored on servers for a maximum of 2 years.
The Parties acknowledge that unless one Party expressly disagrees, the products produced according to the data sent to Part2Print s.r.o. may be exhibited in a brick-and-mortar Part2Print establishment. This exhibition is for informational purposes only and is not intended to inform about the parameters and details of the order itself.
- Both Parties shall reduce the amount of employees who come into contact with the protected information and shall take effective measures to prevent the information leakage.
- In case a contract Party needs a third party to carry out an activity, it may only provide the information protected under this agreement to the third party with the prior consent of the other Party, provided that the third party contractually undertakes to protect it.
- The obligations from this agreement shall not apply to protected information that:
- may be disclosed without breach of this agreement
- has been released from such restrictions by written consent of the other Party
- is in the public domain or has been disclosed in other way than in breach of an obligation of one of the Parties
- the recipient of information has full demonstrable knowledge of them prior to disclosure by the Party
- is requested by a court, a public prosecutor’s office or a competent administrative authority pursuant to law and are used only for that purpose.
- The provision of information falling within the scope of trade secrets or confidential information does not confer any right to license, trademark, patent, right of use or distribution of a copyrighted work, or any other intellectual or industrial property right. All information under this agreement shall remain the property of the providing Party.
- These obligations come into force at the moment of requesting the services by the Customer from Part2Print s.r.o.
- In case of a breach of obligations relating to the protection of business secrets or confidential information according to this agreement, the aggrieved Party shall be entitled to claim liquidated damages from the other Party who breached such obligations.
- The amount of the fine is set to compensate the damages incurred by the leaked information to the injured party.
- The contractual penalty to which the aggrieved party is entitled under this contract shall be paid by the other party within 14 calendar days from the date from the date of proven delivery of the demand for payment of the contractual penalty. Proper service on the other Party shall be deemed to be personal delivery, sending by courier service with proof of delivery or by certified electronic mail to the address of the Party concerned.
- Delivery through a postal licensee means that the message is delivered by registered mail to the delivery address of the contracting Party. The date of delivery means the date of receipt of the mail or the date of refusal to accept the mail. The date of delivery shall also mean the third (3rd) day after the date of submission of the item for mailing.
- If one Party causes damage to the other party by breach of this agreement, it shall be liable for such damage in accordance with general legal regulations. Payment of the contractual penalty shall not affect the right to compensation for damages.
- If any provision of this agreement is found or becomes invalid, unenforceable or ineffective, such invalidity, unenforceability or ineffectiveness shall not affect the other provisions of this agreement.
- The contract is concluded for an indefinite period of time.
- The obligations set in this agreement to protect trade secrets and confidential information that was provided prior to the effective date of termination of this agreement shall apply even after the termination of this agreement for a period of three years from the effective date of termination of this agreement.
- All amendments and additions to this agreement require the written consent of both parties in the form of successively numbered amendments.
- Legal relations arising from this agreement shall be governed by the laws of the Czech Republic.
This agreement shall come into force at the moment of requesting services by the Customer on the Part2Print s.r.o. party.