Protect your intellectual property rights during evaluation of a software app with this Software Evaluation Nondisclosure Agreement for Canadian software developers.
- The evaluator agrees not to disclose any confidential and/or proprietary information with respect to the software being evaluated.
- The evaluator also agrees to promptly return all information and materials to the developer at the completion of the evaluation.
This Canada Software Evaluation Nondisclosure Agreement is provided in MS Word format and is easy to download, edit and print.
NON-DISCLOSURE AGREEMENT THIS AGREEMENT made effective the ______ day of ____________, ________. BETWEEN: DEVELOPER (the “Developer”) - and - CORPORATION a corporation incorporated under the laws of the Province of ______________ (the “Corporation”) WHEREAS: A. Developer has developed a software program known as “____________________________” (the “Program”) which is proprietary to the Developer; B. Developer wishes to provide the Program to the Corporation to allow the Corporation to evaluate the Program, and the Corporation has agreed to evaluate the Program for purposes of publication, marketing, and distribution of the Program by the Corporation on such terms and conditions and for such consideration as the parties may hereafter agree to. NOW THEREFORE THIS AGREEMENT WITNESSES that the parties agree as follows: 1. ”Confidential Information” means: (a) the Program and any part thereof; (b) any verbal, written or electronic information, or information in any other form regarding the Program, that the Developer provides to the Corporation; (c) any verbal, written or electronic information, or information in any other form that the Corporation receives from the Developer and that is designated proprietary or confidential by the Developer. However, the Confidential Information shall be deemed not to include any information that: (a) is already known to the Corporation; (b) is or becomes part of the public domain through no wrongful act of the Corporation; (c) is rightfully received from a third party without restriction as to confidentiality or nondisclosure and without breach of this agreement; (d) has been previously and independently developed by the Corporation without breach of this agreement; -2 (e) is furnished to a third party by Developer without similar restriction on the third party's rights; or (f) is approved for release by written authorization of Developer. 2. The Corporation agrees that, except as provided in this Agreement: (a) it shall not disclose or make available the Confidential Information or any part
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