Fillable IP Nondisclosure Agreement TTU Gives 12 12 2018 RE IP Nondisclosure Agreement TTU Gives

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IP Nondisclosure Agreement TTU Gives 12 12 2018 RE IP Nondisclosure Agreement TTU Gives

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NON-DISCLOSURE AGREEMENT
THIS AGREEMENT, made this day of , __________, is made by and
between Tennessee Technological University (“Proprietor”) having an address at 1 William L.
Jones Drive, Cookeville, Tennessee 38505, and
(“Recipient”), having an
address at .
RECITALS
WHEREAS, Proprietor desires to disclose to Recipient, and Recipient desires to receive
from Proprietor, certain information that Proprietor considers confidential; and
WHEREAS, Recipient is willing to receive such information subject to the terms
and conditions set forth in this Agreement;
NOW THEREFORE, in consideration of the foregoing premises, which are incorporated
in this Agreement, and the mutual promises hereinafter contained, the parties agree as follows:
TERMS & CONDITIONS
1. Proprietor possesses confidential and proprietary information (“Information”), including
business information, technical data, drawings, prototype machinery and the like, relating
to: ______________________________________________________________________.
2. Recipient shall: (a) maintain the secrecy of Proprietor’s Information; (b) not disclose, use,
disseminate or publish the Information to any third party without the prior written consent
of Proprietor; and (c) use the Information only for the following purpose: technology
assessment. Information shall be disclosed only to those employees of Recipient who are
reasonably required to have access to such Information for the purpose described above.
3. Information shall be subject to secrecy only if it is clearly marked as “CONFIDENTIAL”
with Proprietor’s name on it when disclosed to Recipient. If disclosure is made orally or
visually, then the secret nature of the Information must first be announced, and the
disclosure must within thirty (30) days be reduced to writing and clearly marked
“CONFIDENTIAL” with Proprietor’s name thereon.
4. The following categories of information are exempt from Recipient’s secrecy obligations:
a. Information which, at the time of disclosure, is already in the public domain;
b. Information which, after disclosure, becomes part of the public domain (except by
breach of this Agreement by Recipient);
c. Information which Recipient can establish by competent proof was in Recipient’s
possession before or at the time of disclosure by Proprietor;
d. Information which Recipient receives from third parties as a matter of right; and
e. Information which is disclosed by Recipient pursuant to any judicial or
governmental request, requirement or order, provided that Recipient gives Proprietor
sufficient prior notice in order to contest such request, requirement or order.
5. Recipient shall protect the disclosed Information by using the same degree of care, but no
less than a reasonable degree, to prevent the unauthorized disclosure, use or dissemination
of the Information as Recipient uses to protect its own confidential information.
6. Recipient’s obligations as contained in this Agreement shall expire three (3) years from the
execution date hereof. Recipient shall then, or earlier if so requested in writing, return to
Proprietor all Information furnished in connection herewith.
7. Neither party acquires any intellectual property rights under this Agreement.
8. This Agreement constitutes the entire understanding between the parties regarding
confidential Information and merges all prior discussions between them.
9. No amendment or modification of this Agreement shall be valid or binding on the parties
unless mutually agreed, expressed in writing and signed on behalf of each party by their
respective duly authorized agent.
10. This Agreement shall be governed by and construed in accordance with the laws of the
State of Tennessee.
AGREED TO AND ACCEPTED BY:
Tennessee Technological University Recipient Company
By: By:
Name: Name:
Title: Title:
Date: Date:
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IP Nondisclosure Agreement TTU Gives 12 12 2018 RE IP Nondisclosure Agreement TTU Gives

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Completed 14 March 2020

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