This form is a Third-Party Consultant Non-Disclosure Agreement for primary use in the computer, internet and/or software industries.
A South Dakota Information Technology Third-Party Non-Disclosure Agreement (NDA) is a legally binding contract, designed to protect the confidentiality of sensitive information shared between parties in the field of information technology within the state of South Dakota. This agreement ensures that the involved parties, typically an IT company or service provider and a client or customer, maintain the privacy and security of proprietary information, trade secrets, intellectual property, and any other confidential material exchanged during their business relationship. The primary purpose of an IT third-party NDA is to prevent unauthorized disclosure or use of sensitive information, safeguarding the interests of all parties involved. By signing this agreement, the parties commit to strictly adhering to the terms and conditions specified within, including but not limited to: 1. Scope of Confidential Information: Clearly defining what constitutes confidential information, ensuring that both parties have a clear understanding of the material covered by the NDA. This may include software source code, hardware designs, system architectures, user data, client details, technical specifications, business strategies, and any other proprietary information relevant to the IT services being provided. 2. Confidentiality Obligations: Outlining the obligations and responsibilities of each party with regard to the confidential information. It typically includes provisions stating that the receiving party shall only use the disclosed information for the intended purpose, restrict access to authorized personnel, and implement reasonable security measures to protect against unauthorized access, theft, or loss. 3. Non-Disclosure and Non-Use: Stipulating that the receiving party shall not disclose or share the confidential information with any third party without the express written consent of the disclosing party. Additionally, it may prohibit the receiving party from using the information for purposes other than the agreed-upon services or any subsequent collaborations. 4. Length of Confidentiality: Setting the duration of the confidentiality obligation, specifying the period during which the information must be kept confidential. This may vary depending on the nature of the information disclosed and the business requirements of the parties involved. 5. Exceptions to Confidentiality: Identifying instances where the confidentiality obligations may not apply, such as information already in the public domain, information independently developed by the receiving party, or information obtained from a third party without any confidentiality restrictions. 6. Remedies and Indemnification: Outlining the remedies available to the disclosing party in case of a breach of the NDA, which may include injunctive relief, monetary damages, or specific performance. In addition, it may include provisions for indemnification, holding the receiving party liable for any losses or damages incurred due to their breach of the agreement. It is important to note that while this description covers the general framework of a South Dakota Information Technology Third-Party Non-Disclosure Agreement, specific agreements may vary depending on the parties involved, the nature of the IT services, and any unique considerations particular to the South Dakota jurisdiction.
A South Dakota Information Technology Third-Party Non-Disclosure Agreement (NDA) is a legally binding contract, designed to protect the confidentiality of sensitive information shared between parties in the field of information technology within the state of South Dakota. This agreement ensures that the involved parties, typically an IT company or service provider and a client or customer, maintain the privacy and security of proprietary information, trade secrets, intellectual property, and any other confidential material exchanged during their business relationship. The primary purpose of an IT third-party NDA is to prevent unauthorized disclosure or use of sensitive information, safeguarding the interests of all parties involved. By signing this agreement, the parties commit to strictly adhering to the terms and conditions specified within, including but not limited to: 1. Scope of Confidential Information: Clearly defining what constitutes confidential information, ensuring that both parties have a clear understanding of the material covered by the NDA. This may include software source code, hardware designs, system architectures, user data, client details, technical specifications, business strategies, and any other proprietary information relevant to the IT services being provided. 2. Confidentiality Obligations: Outlining the obligations and responsibilities of each party with regard to the confidential information. It typically includes provisions stating that the receiving party shall only use the disclosed information for the intended purpose, restrict access to authorized personnel, and implement reasonable security measures to protect against unauthorized access, theft, or loss. 3. Non-Disclosure and Non-Use: Stipulating that the receiving party shall not disclose or share the confidential information with any third party without the express written consent of the disclosing party. Additionally, it may prohibit the receiving party from using the information for purposes other than the agreed-upon services or any subsequent collaborations. 4. Length of Confidentiality: Setting the duration of the confidentiality obligation, specifying the period during which the information must be kept confidential. This may vary depending on the nature of the information disclosed and the business requirements of the parties involved. 5. Exceptions to Confidentiality: Identifying instances where the confidentiality obligations may not apply, such as information already in the public domain, information independently developed by the receiving party, or information obtained from a third party without any confidentiality restrictions. 6. Remedies and Indemnification: Outlining the remedies available to the disclosing party in case of a breach of the NDA, which may include injunctive relief, monetary damages, or specific performance. In addition, it may include provisions for indemnification, holding the receiving party liable for any losses or damages incurred due to their breach of the agreement. It is important to note that while this description covers the general framework of a South Dakota Information Technology Third-Party Non-Disclosure Agreement, specific agreements may vary depending on the parties involved, the nature of the IT services, and any unique considerations particular to the South Dakota jurisdiction.