The Software Confidentiality Agreement is essential when organizations need to share sensitive software-related information while maintaining its confidentiality and protecting intellectual property rights. This agreement, governed by New Zealand law, is commonly used when software owners need to disclose proprietary information to potential business partners, contractors, or evaluators for specific purposes such as software testing, integration, or business evaluation. The document ensures compliance with New Zealand's legal framework, including the Contract and Commercial Law Act 2017 and Privacy Act 2020, while providing comprehensive protection for software-related confidential information, including source code, development methodology, technical specifications, and associated documentation.
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1. Parties: Identifies and provides full legal details of all parties to the agreement
2. Background: Explains the context and purpose of the agreement, including the nature of the confidential information to be shared
3. Definitions: Defines key terms including 'Confidential Information', 'Software', 'Authorized Purpose', and other relevant terms
4. Scope of Confidential Information: Clearly identifies what information is considered confidential under the agreement
5. Obligations of Confidentiality: Details the receiving party's obligations regarding the protection and non-disclosure of confidential information
6. Permitted Use and Disclosure: Specifies the authorized purposes for which the confidential information may be used and circumstances under which disclosure is permitted
7. Security Measures: Outlines required security measures for protecting the confidential information
8. Return or Destruction of Confidential Information: Procedures for returning or destroying confidential information upon request or termination
9. Term and Termination: Duration of the agreement and circumstances for termination
10. Breach and Remedies: Consequences of breach and available remedies including injunctive relief
11. General Provisions: Standard contract clauses including governing law, jurisdiction, and entire agreement
1. Third Party Access: Required when employees or contractors of the receiving party need access to the confidential information
2. International Transfer of Data: Needed when confidential information may be transferred across international borders
3. Source Code Protection: Additional provisions specifically for protecting source code access and use
4. Testing and Evaluation: Specific provisions for when the receiving party will be testing or evaluating the software
5. Residual Knowledge: Provisions addressing the use of knowledge retained in memory after exposure to confidential information
6. Competing Products: Restrictions on developing competing products using the confidential information
7. Open Source Software: Required when the software includes or interfaces with open source components
1. Schedule 1: Description of Software: Detailed description of the software and related materials covered by the agreement
2. Schedule 2: Authorized Personnel: List of individuals authorized to access the confidential information
3. Schedule 3: Security Protocols: Detailed security requirements and procedures for protecting the confidential information
4. Schedule 4: Destruction Procedures: Specific procedures for secure destruction of confidential information
5. Appendix A: Non-Disclosure Certificate: Form for authorized personnel to sign acknowledging confidentiality obligations
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