CONFINDENTIALITY AGREEMENT
QINHUANGDAO HIGH-TECH ENERGY-SAVING DOWIN CO.,LTD
This CONFIDENTIALITY AGREEMENT is made between ******* (hereinafter referred to as OWNER) and someone who was transmitted the proprietary information by OWNER (hereinafter called RECIPIENT).
Both OWNER and RECIPIENT agree as follows: 1.
Confidential Information
RECIPIENT orally, in writing or by any other media, or allows RECIPIENT to observe at OWNER’s facilities which relates to OWNER’s business, including but not limited to drawings, specifications, production schedules, marketing, application, test data, manufacturing lines, processes, machine tools, samples or the like with the following exceptions: a) Information that is explicitly approved for release by OWNER
b) Information that was already known by RECIPIENT, as shown by RECIPIENT’s written records, prior to receiving the
information from OWNER or is given to RECIPIENT by a third party through no wrongful act on the part of RECIPIENT or the third party.
c) Information that is known or available to the general public.
1.2 OWNER shall explicitly notice RECIPIENT whether or not the information, which is disclosed to the RECIPIENT, shall
be considered as Confidential Information; 2.
Period of the Confidentiality
The period of the confidentiality is commencing from the date of this agreement comes into force .to five years after business termination between OWNER and RECIPIENT. 3.
Obligations of the RECIPIENT
OWNER in confidence and agrees not to use such information other than for the purposes of its business with OWNER；
3.2 During the period of the confidentiality, RECIPIENT shall only disclose the Confidential information to its officers,
directors, or employees with a specific need to know;
3.3 During the period of the confidentiality, RECIPIENT shall not disclose, publish or otherwise reveal any of the
Confidential Information to any other party whatsoever except with the specific prior written authorization of OWNER; 3.4 All materials provided by OWNER to RECIPIENT which contain Confidential Information, and all copies of such
material, shall remain the property of OWNER and shall be returned to OWNER upon request;
3.5 During the period of the confidentiality, RECIPIENT’ s obligations herein shall not be affected by bankruptcy,
receivership, assignment or seizure procedures, whether initiated by or against RECIPIENT, nor by the non-conclusion or invalidation of any other agreement between OWNER and RECIPIENT. 4.
No License
The disclosure of Confidential Information shall not be construed as granting or conferring RECIPIENT any rights by a license of any type of any technology, patents, patent applications, trade secrets, copyrights, know-how, or trademarks owned or controlled by OWNER;
5． Indemnity
RECIPIENT shall indemnify all the loss arising out of its act of breach of any term herein or non-performance of the
obligations herein, including but not limited to any real loss, anticipatory commercial interests or any other loss as a result of illegal usage of RECIPIENT or usage of others illegally authorized by RECIPIENT. In case of the above 3.1 During the period of the confidentiality, RECIPIENT agrees to maintain the Confidential Information received from 1.1 OWNER’s Confidential Information is any information which OWNER identifies as confidential and delivers to
mentioned circumstances, OWNER has the right to refuse to provide furthermore any Confidential Information, and the related liabilities and loss shall be undertaken by RECIPIENT. 6.
Miscellanceous
The obligations set forth above shall be binding on all successors and assigns of RECIPIENT. The terms and conditions herein may not be changed except by way of a written instrument signed by both parties;
6.2 This agreement shall be governed and construed in accordance with the laws and regulations of People’s Republic
of China;
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IN WITNESS WHEREOF, the parties have executed this agreement as of the date first above written.
OWNER: **********
Name: ______________________________
Signature: ______________________________
Title: ______________________________
Date: ______________________________
RECIPIENT: ____________________________________________
Name: ______________________________
Signature: ______________________________
Title: ______________________________
Date: ______________________________
6.1 RECIPIENT agrees to inform its personnel who receive the Confidential Information of the terms of this agreement.
