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2-Way NDA - Pump Patents

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2-Way NDA


This Agreement is made by and between __________________________________ and John McIntyre, MA Consultant/Designer of Traverse City, Michigan.

WHEREAS, the parties have discussed, and are interested in further discussing, information related to possible collaborative efforts relating to the information disclosed on the website www.PumpPatents.com and to be disclosed intellectual property.

WHEREAS, certain confidential and proprietary information (Confidential Information) of each party has been, and will be, disclosed to the other party to facilitate said discussions;

NOW, THEREFORE, the parties have agreed and do agree that the following terms will apply to the exchange of Confidential Information:

1. Each party shall maintain in confidence Confidential Information received from the other party.  Confidential Information may include, but shall not be limited to, ideas, concepts, know-how, long-range and short-range plans, production and sales techniques, financial statements and data, information, formulas, sources of supply, advertising, actual and prospective customers, pricing, costing, and accounting procedures.

2.   Confidential Information shall be disclosed by the receiving party only to those employees of the receiving party who have obligations to the receiving party at least commensurate with the mutual obligations of the parties under this Agreement and who have a “need to know” the Confidential Information.  Each party shall use the same degree of care to avoid disclosure of such Confidential Information as it uses with respect to its own information of like importance.

3.  The relationship between the parties will be considered confidential, and no disclosure shall be made by the parties that the parties have entered into this Agreement or have dealings relating to Confidential Information.

4. Nothing in this Agreement shall restrict the receiving party in the use or unlimited disclosure of any information that:  (a) can be shown by documents to be known to the receiving party prior to the disclosure; or (b) is or becomes publicly known through no fault of the receiving party; or (c) is acquired by the receiving party from a third party having no obligation of confidentiality to the disclosing party.

5. The receiving party shall, within thirty (30) days of receiving written notice, either return the Confidential Information to the disclosing party or destroy the Confidential Information.

6. Nothing in this Agreement shall be deemed by implication or otherwise (a) to convey to either party any right under any patent, patent application, trademark, copyright, or other proprietary right owned by the other party or (b) a commitment of any kind by either party to enter into any further agreement with the other party.

By:       ______________________________________                 By:  ________________________________

Name:                                                                                                             John McIntyre

Title:                                                                                                           Consultant/Designer

Date:                                                                                      Date:                                                                                                  

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