The NDA For Software Development serves as a crucial legal instrument for protecting confidential information exchanged during software development projects in Austria. It is essential when parties need to share sensitive technical information, source code, development methodologies, or business requirements. This document is particularly relevant for scenarios involving outsourced development, technology partnerships, or internal development projects where confidential information needs protection. The agreement is drafted in compliance with Austrian law, including the ABGB, DSG, and GDPR requirements, making it suitable for both domestic and international software development relationships involving Austrian entities. It provides comprehensive protection for intellectual property, trade secrets, and technical know-how while facilitating necessary information sharing for successful project execution.
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1. Parties: Identification of the disclosing and receiving parties, including full legal names and addresses
2. Background: Context of the software development project and reason for sharing confidential information
3. Definitions: Key terms including 'Confidential Information', 'Software', 'Development Materials', 'Intellectual Property Rights', and 'Authorized Personnel'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the software development context
5. Obligations of Confidentiality: Core confidentiality duties, including storage, handling, and protection of confidential information
6. Permitted Use: Allowed uses of confidential information within the software development project
7. Security Measures: Required technical and organizational measures to protect confidential information
8. Term and Termination: Duration of confidentiality obligations and conditions for termination
9. Return or Destruction of Confidential Information: Procedures for handling confidential information after agreement termination
10. Breach and Remedies: Consequences of breach and available legal remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Third Party Disclosure: Rules for sharing information with subcontractors or other third parties, used when third-party involvement is anticipated
2. Employee and Contractor Obligations: Specific requirements for employees and contractors, needed when the receiving party will share information internally
3. Source Code Protection: Special provisions for protecting source code, used when source code access is granted
4. Data Protection Compliance: GDPR and DSG compliance measures, required when personal data is involved
5. Non-Competition: Restrictions on competitive activities, used when broader protection beyond confidentiality is needed
6. Escrow Arrangements: Provisions for source code escrow, used in critical software development projects
7. Export Control: Compliance with export control regulations, needed when dealing with restricted technologies
1. Schedule 1 - Specific Confidential Information: Detailed list of confidential materials, documents, and information types
2. Schedule 2 - Authorized Personnel: List of individuals authorized to access confidential information
3. Schedule 3 - Security Protocols: Specific technical and organizational security measures required
4. Schedule 4 - Project Scope: Description of the software development project scope and context
5. Appendix A - Confidentiality Acknowledgment Form: Form for authorized personnel to acknowledge confidentiality obligations
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