NDA

 

 

NON-DISCLOSURE/NON-COMPETE AGREEMENT

 

This agreement is made as of the 8th day of April, 2003, by and between: [xxxxx] located in [city, ST] and Ken Barnard located in Torrance, CA.

This Agreement shall govern the conditions of disclosure by Ken Barnard to [xxxxx] of certain "Confidential Information" including but not limited to prototypes, drawings, stories, storyboards, data, marketing strategy, trade secrets and all intellectual property relating to the fantasy setting being developed under the working title of "Saeralin" created by Ken Barnard.

With regard to the Confidential Information, [xxxxx] hereby agrees:

  1. Not to use the information therein except for evaluating [his/her] interest in entering a business relationship with Ken Barnard, based on the fantasy setting.
  2. To safeguard the information against disclosure to others with the same degree of care as exercised with [his/her] own information of a similar nature.
  3. That [xxxxx] is under a legal duty not to disclose or misuse such information either during or after the course of this agreement, without the express written permission of Ken Barnard, except that:
    1. which [xxxxx] can demonstrate by written records was previously known;
    2. which are now, or become in the future, public knowledge other than through acts or omissions of [xxxxx];
    3. which are lawfully obtained by [xxxxx] from sources independent of Ken Barnard;
  4. That [xxxxx] shall not directly or indirectly acquire any interest in, or design, create, publish, sell or otherwise deal with any item or product, containing, based upon or derived from the information, except as may be expressly agreed to in writing by Ken Barnard.
  5. That the secrecy obligations of [xxxxx] with respect to the information shall continue for a period ending 3 years from the date hereof.

Ken Barnard will be entitled to obtain an injunction to prevent threatened or continued violation of this Agreement, but failure to enforce this Agreement will not be deemed a waiver of this Agreement.

IN WITNESS WHEREOF the Parties have hereto have entered into this Agreement as of the day and year first above written.

 

 

 

By: _____________________________  Date: _____________
                          (print name)

 

___________________________________________________
                                          (signature)

 

 

 

 

 

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