Non Disclosure and Confidentiality Agreement
This Non Disclosure and Confidentiality Agreement ("Agreement") is entered into by and between Ecocar Motors Inc., hereinafter known as the "Disclosing Party", and the undersigned receiving party (the "Receiving Party"), and collectively both parties known as "Parties".
WHEREAS, the Disclosing Party shall disclose or deliver tangible or intangible information to the Receiving party that may be considered confidential or proprietary information;
WHEREAS, the Disclosing Party desires to be assured that the proprietary information owned by them shall not be disclosed to any third party without their consent and shall be maintained and protected by the Receiving Party;
NOW, THEREFORE, in consideration of the mutual promises and covenants included in this agreement, both parties agree as follows:
Confidential Information shall refer to any kind of information whether oral or written made by or provided for by the Disclosing Party to the Receiving Party or vice versa. It could be written or in oral communication that may refer to any patent, copyright, trademark, or trade secret. The information under this agreement to be declared or constituted as Confidential by the Disclosing Party, regardless of whether such information was provided before or after the date of this Agreement shall be, but not limited to the following:
1. Marketing and Development Information - This includes plans of the Disclosing Party about marketing agenda or business developments and may involve costing, policies, quotes, forecasts, and strategies.
2. Business Operations Information - This refers to any information about the business operations of the party disclosing the information, including the number of personnel, the financial activities within, the information on vendors, providers, and partners that are not openly declared by the Party to the public.
3. Product Information - This refers to all specifications for products produced by the Disclosing Party as well as the products resulting from or related to work or projects performed or to be performed for the Disclosing Party or for its clients, or information about the product during research and development;
4. Manufacturing and Production Processes - This includes identified processes and systematic creation of product output such as manufacturing or production such as, but not limited to formulas, technical procedures, methods, techniques, specifications, including the used devices and equipment, designs, models, or software files used for manufacturing products. This may likewise refer to Proprietary Information;
5. Service Information - This refers to information relating to services provided by the Disclosing Party such as but not limited to manpower scheduling, training, and maintenance;
6. Intellectual Property - This refers to all information creation of the mind such as inventions, designs, symbols, names, and images created for commerce, such as but not limited to logos, computer codes and algorithms both in human-readable and machine-readable form, reports, technical designs, database structure, charts, and other document design specifications, including music which may be subject to copyright.