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Confidentiality Non-Disclosure Agreement

For the development of automated Expert Advisors and Indicators

This agreement is entered into in good will and good faith

between:

  • The programmer and developer company STARS ICF represented by his CEO
    For the purpose of this agreement shall be referred to as: “Programmer”
  • And the customer: ...........................
    For the purpose of this agreement shall be referred to as: “Customer”.

whereas

A - Customer possesses certain proprietary information which is willing to disclose to the Programmer on the terms set out below

B - The Programmer is willing to accept the Customer information on those terms and to use the proprietary Information only for the purpose of Expert Advisors and Indicators developments.

C - Customer will provide or originate the strategy and guideline to help the Programmer to develop and complete the project successfully

D - Programmer agrees to develop and code the Expert Advisors and Indicators to his best ability and to perform the task as required by Customer

E - Programmer and Customer agrees not to make any malicious claim afterward in any manner, each against other for the projects that has been done

Now it is agreed as follows

  1. “Confidential Information” means any and all information whether commercial or technical relating to the business of Programmer, including without limitation, know-how, data, processes, designs, photographs, drawings, specifications, software programs, and samples, which is marked with an indicator such as “Confidential” or “Proprietary”, but excluding information which:
    1. is or comes into the public domain otherwise than by disclosure or default by the Programmer or Customer;
    2. was or is lawfully obtained or available from a third party who was lawfully in possession of the same and free to disclose it; or
    3. was already known to the Programmer as evidenced by written record pre-dating such disclosure.
  2. In consideration of Customer disclosing Proprietary Information, the Programmer hereby undertakes for a period of 5 (five) years from the date of this Agreement
    1. to keep confidential all Proprietary Information that it may acquire in any manner;
    2. to use such Proprietary Information exclusively for the Permitted Purpose and not to use the Proprietary Information for the Recipient’s own purposes or benefit;
    3. not to disclose such Proprietary Information to anybody, except to authorised employees or other agents of the Programmer who need to have access to the Customer Information for the purpose of carrying out their duties in connection with the Permitted Purpose ;
    4. to inform everybody to whom it discloses Proprietary Information that it is confidential and obtain their agreement to keep it confidential on the same terms as this Agreement;
    5. to keep safe any drawings, documents, samples or materials provided on loan by Customer, not to reproduce, part with possession of, modify or otherwise interfere with such items;
    6. to notify Customer immediately upon becoming aware of any breach of confidence by anybody to whom the Programmer has disclosed the Information and give all necessary assistance in connection with any steps which Owner may wish to take to prevent, stop or obtain compensation for such breach or threatened breach.
  3. Nothing in this Agreement shall be deemed to grant to the Programmer a licence expressly or by implication under any patent, copyright or other intellectual property right. The Programmer hereby acknowledges and confirms that all existing and future intellectual property rights relating to the Customer information are the exclusive property of Owner. The Programmer will not apply for or obtain any intellectual property protection in respect of the Proprietary Information. All intellectual property rights relating to any drawings, documents and work carried out by the Recipient (whether past, present or future) using the Customer information will belong to and will vest in Owner. The Programmer will do all such things and execute all documents necessary to enable Customer to obtain, defend or enforce its rights in such drawings, documents and work.
  4. This Agreement is governed by and will be construed in accordance with Italian law and is subject to the exclusive jurisdiction of the Italian Courts.

 

Date:  ....................................

For and on behalf of Programmer:   ....................................

For and on behalf of Customer:  ....................................

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