The Non-Use Agreement is a crucial legal instrument in Australian business operations where one party needs to prevent another party from using sensitive or valuable information for unauthorized purposes. This document is particularly relevant when sharing trade secrets, proprietary technology, or confidential business information in contexts such as business negotiations, due diligence processes, or collaborative ventures. The agreement must comply with Australian legal requirements, including the Competition and Consumer Act 2010 (Cth) and relevant privacy legislation. It's designed to provide stronger protection than a standard confidentiality agreement by specifically restricting use rather than just disclosure, making it particularly valuable for protecting intellectual property and maintaining competitive advantages in the Australian market.
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1. Parties: Identifies and defines the parties to the agreement, including the disclosing party and receiving party
2. Background: Sets out the context of the agreement and the parties' intentions
3. Definitions: Defines key terms used throughout the agreement, particularly 'Protected Information'
4. Non-Use Obligations: Core section detailing the specific restrictions on use of the Protected Information
5. Security and Control Measures: Specifies the measures required to prevent unauthorized use or access to Protected Information
6. Term and Termination: Specifies the duration of the agreement and circumstances for termination
7. Return or Destruction of Information: Requirements for handling Protected Information upon termination
8. Breach and Remedies: Outlines consequences of breach and available remedies
9. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement
1. Permitted Uses: Include when there are specific limited circumstances where use is permitted
2. Regulatory Compliance: Include when Protected Information is subject to specific regulatory requirements
3. Third Party Disclosure: Include when there may be legitimate needs to share information with specific third parties
4. Insurance Requirements: Include when the nature of Protected Information warrants specific insurance coverage
5. Audit Rights: Include when regular verification of compliance is necessary
6. Survival: Include when certain obligations need to explicitly survive termination
1. Schedule 1 - Protected Information: Detailed description of the information subject to non-use restrictions
2. Schedule 2 - Security Protocols: Specific security measures and protocols required
3. Schedule 3 - Authorized Personnel: List of individuals authorized to access Protected Information, if applicable
4. Appendix A - Compliance Certificate: Template for periodic compliance certification if required
5. Appendix B - Destruction Certificate: Template for certifying destruction of Protected Information upon termination
Authors
Relevant legal definitions
Clauses
Relevant Industries
Technology
Manufacturing
Research & Development
Pharmaceuticals
Financial Services
Professional Services
Healthcare
Biotechnology
Energy
Mining
Defense
Telecommunications
Consumer Goods
Media & Entertainment
Relevant Teams
Legal
Intellectual Property
Research & Development
Information Technology
Procurement
Business Development
Risk & Compliance
Innovation
Commercial
Operations
Information Security
Relevant Roles
Chief Executive Officer
Chief Legal Officer
General Counsel
Intellectual Property Manager
Research Director
Business Development Manager
Chief Technology Officer
Chief Information Officer
Procurement Manager
Contract Manager
Innovation Director
Head of Research
Chief Commercial Officer
Risk Manager
Compliance Officer
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