The Perpetual Non Disclosure Agreement is essential for businesses seeking long-term protection of their confidential information and trade secrets under U.S. law. This document is particularly crucial when sharing sensitive business information that requires indefinite protection, such as manufacturing processes, customer lists, or proprietary technologies. It provides comprehensive coverage under both federal and state trade secret laws, including the Defend Trade Secrets Act (DTSA) and state-specific variations of the Uniform Trade Secrets Act (UTSA). The agreement establishes permanent obligations for maintaining confidentiality, outlining specific handling requirements, permitted uses, and consequences of breach.
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1. Parties: Identification of all parties to the agreement, including legal names and addresses
2. Background: Context of the agreement and purpose for entering into the NDA
3. Definitions: Clear definitions of terms, especially 'Confidential Information' and 'Trade Secrets'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information under the agreement
5. Obligations of Receiving Party: Specific duties and responsibilities regarding confidential information
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed
7. Term and Survival: Duration of the agreement and surviving obligations
8. Return of Confidential Information: Requirements for returning or destroying confidential information
9. Governing Law: Jurisdiction and applicable law
1. Non-Solicitation: Prevents solicitation of employees or customers - use when protecting business relationships is critical
2. Non-Competition: Restricts competitive activities - use when sharing highly sensitive business information
3. Data Protection: Specific provisions for handling personal data - use when dealing with personal or sensitive data
4. International Transfer: Provisions for cross-border information sharing - use when parties are in different countries
5. Audit Rights: Right to audit compliance with the agreement - use for high-risk or regulated industries
1. Schedule A - Description of Confidential Information: Detailed list or categories of confidential information covered
2. Schedule B - Authorized Representatives: List of individuals authorized to receive confidential information
3. Schedule C - Security Protocols: Specific security measures required for handling information
4. Schedule D - Permitted Purposes: Detailed description of allowed uses of confidential information
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