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  1. Předmět smlouvy
  2. Kupní cena
  3. Platební podmínky
  4. Prohlášení
  5. Katastr nemovitostí
  6. Daně a poplatky
  7. Vady věci
  8. Vyšší moc
  9. Závěrečné ustanovení
Příloha č. 1 Dodatek k příloze č. 1
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The Terms of Service

Create a Customized Dodatek smlouvy na míru

This template was prepared by: Mgr. Pavel Kosař, Mgr. Pavel Kosař

Instructions

  • Pokud potřebujete změnit existující smlouvu nebo dohodu.
  • Změny a dodatky smluv či jiných právních vztahů mohou mít velké množství podob, mohou se týkat velkého množství různých právních jednání, díky čemuž se do jejich těla dá zapracovat mnoho užitečných ustanovení.
  • Buďte obezřetní a pečliví při specifikaci rušeného ustanovení a precizaci textu ustanovení nového.
  • Věnujte při sjednávání dohody s druhou smluvní stranou pozornost tomu, aby nově přidaná ustanovení neměla negativní dopad ve vztahu k původnímu textu smlouvy, např. smluvním pokutám atd.
  • Dejte si záležet na rozeznatelném podpisu všech stran – vyvarujte se pouhého parafování listiny, jelikož v případě sporu pak narůstá riziko, že neprokážete pravost podpisu druhé osoby.

NON-DISCLOSURE AGREEMENT

Information shall be kept confidential by
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THIS CONFIDENTIALITY AGREEMENT (this "Agreement") dated
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BETWEEN:
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The Party 1 is:
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of
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( the " Party 1 ")
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OF THE FIRST PART
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and
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The Party 2 is:
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of
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( the " Party 2 ")
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OF THE SECOND PART
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( Party 1 and Party 2 hereinafter jointly referred to as the "Parties" and individually as the "Party")
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IN CONSIDERATION OF each Party providing confidential information to the other Party, the Parties to this Agreement agree as follows:
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Confidential Information.
Confidential information may concern one Party, other Party or Both Parties
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The Confidential Information will include all data and information relating to the business and management of any Party , including but not limited to:
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Proprietary and trade secret technology;
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Accounting records to which access is obtained by the other Party;
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Work product information, including but not limited to, work product resulting from or related to work or projects performed or to be performed for any Party or for clients or any Party , of any type or form in any stage or actual or anticipated research, development and innovation;
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Computer software resulting from or related to work or projects performed or to be performed for any Party or for clients of any Party , of any type or form in any stage of actual or anticipated research, development and innovation, including but not limited to, programmes and programme modules, routines and subroutines, flowcharts, coding sheets and the like, source code, object code and load modules, programming, programme patches and system designs;
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Information relating to the property rights of any Party prior to any public disclosure of such information, including but not limited to, the nature of the proprietary rights, production data, technical and engineering data, test data and test results, the status and details of research, development and innovation of products and services and, information regarding acquiring, protecting, enforcing and licensing proprietary rights, including patents, utility patents, copyrights, designs and trade secrets,
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Operational information, including but not limited to, internal personnel and financial information, vendor names and other vender information, including vendor characteristics, services and agreements, purchasing and internal cost information, internal services and operational manuals and, the manner and methods of conducting the business of any Party;
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Marketing and development information, including but not limited to marketing and development plans, price and cost data, price and free amounts, pricing and billing policies, quoting procedure, marketing techniques and methods of obtaining business, forecasts and forcast assumptions and volumes and, future plans and potential strategies of any Party which have been or are being considered;
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Customer information, including, but not limited to, names of customers and their representatives, contracts and their contents and parties, customer services, data provided by customers and the type, quantity and specifications of products and services purchased, leased, licensed or received by customers of any Party;
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Any information that has been disclosed by a third party to any Party and is governed by a non-disclosure agreement entered into between that third party and the other Party;
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The Confidential Information of each Party will not include information that:
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Duties Concerning Confidential Information.
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The Parties agree to keep all Confidential Information absolutely confidential and protect its release from the public. The Parties agree not to divulge, reveal, report or use for any purpose, any of the Confidential Information which each Party has obtained or which was disclosed to other Party by such Party.
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The Parties agree that if there is any question as to such disclosure then each Party will seek out the other Party prior to making any disclosure of the Confidential Information.
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The Parties agree and acknowledge that the Confidential Information is of a proprietary and confidential nature and that any disclosure of the Confidential Information to a third party in breach of this Agreement cannot be reasonably or adequately compensated for in money damages, would cause irreparable injury to the other Party , would gravely affect the effective and successful conduct of the business and goodwill of the other Party and would be a material breach of this Agreement.
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Each Party may disclose any of the Confidential Information:
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To the extent required by law or by the request or requirement of any judicial, legislative, administrative or other governmental body;
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To a third party where the other Party has consented in writing to such disclosure;
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If any Party loses or makes unauthorised disclosure of any of the Confidential Information, the such Party will immediately notify the other Party and take all reasonable steps necessary to retrieve the lost or improperly disclosed Confidential Information.
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Ownership had Title to Confidential Information.
Trade secrets
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The Party 2 acknowledges and agrees that all rights, title and interest in any Confidential Information of the Party 1 will remain the exclusive property of the Party 1. Accordingly, the Party 2 agrees and acknowledges that the Party 2 will have no interest in the Confidential Information of the Party 1, including, without limitation, no interest in know-how, copyright, trade-marks or trade names, notwithstanding the fact that the Party 2 may have created or contributed to the creation of Confidential Information of the Party 1.
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The Party 1 acknowledges and agrees that all rights, title and interest in any Confidential Information of the Party 2 will remain the exclusive property of the Party 2. Accordingly, the Party 1 agrees and acknowledges that the Party 1 will have no interest in the Confidential Information of the Party 2, including, without limitation, no interest in know-how, copyright, trade-marks or trade names, notwithstanding the fact that the Party 1 may have created or contributed to the creation of Confidential Information of the Party 2.
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Each Party waives any moral rights that such Party may have with respect to the Confidential Information of the other Party.
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Return of Confidential Information.
Generally at the end of any contractual agreement (project, mission, task), Confidential information are returned to the Party who requests it
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The Parties agree that, upon request of the other Party , each Party will turn over to the other Party all Confidential Information belonging to other Party , including but not limited to all documents, plans, specifications, disks or other computer media, as well as any duplicates or backups made of that Confidential Information in whatever form or media, in the possession or control of such Party.
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.
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.
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Means of Distance Communication and Encryption.
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In order to protect the Confidential Information each Party is obliged to refrain from using means of distance communication (e.g. electronic mail, telephone, telephone network, fax, storage available through Internet, social networks) for transfer of the Confidential Information in cases specified by the other Party.
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In order to protect the Confidential Information of the other Party in cases specified by such Party , the Parties shall use encoding or any other suitable method of protection for the transfer of such Confidential Information.
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Electronic Security.
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Each Party shall secure the computer systems (including the storage) where Confidential Information is stored by such Party against unauthorised access to the Confidential Information by a third party and to protect it against cyber attacks.
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If any Party secures the computer systems against cyber attacks with appropriate technical means, yet Confidential Information is disclosed as a result of the cyber attack, such Party shall not be liable for the disclosure of Confidential Information as a result of such attack.
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For the purposes of this Agreement cyber attack means an unauthorised access to computer software (system) containing Confidential Information by a third party or a group of persons, including but not limited to software bots, phishing, pharming, viruses and/or DDoS attacks.
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Notice.
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All notices or other communications shall be deemed given upon personal delivery to the appropriate address or if sent by certified or registered postal mail,
days after the date of mailing to the following:
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To: Party 1.
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Individual Name:
.
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Phone:
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Email:
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To: Party 2.
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Individual Name:
.
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Phone:
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Email:
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Force Majeure.
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Neither party shall be responsible for damages to the other party to the extent that a breach of this Agreement (or failure to perform) by such party is due to an act of god, strike or other labour dispute, war, terrorist activity, riot, civil disorder, embargo, fire, flood, weather condition, or any other casualty, beyond the reasonable control of such party (collectively, “Force Majeure”).
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During any delay in performance due to an event of Force Majeure, the disabled party shall use its reasonable efforts and due diligence to resolve the cause of the delay and to minimise the effects thereof. If any of the obligations of any of the parties is hindered or prevented, in whole or in substantial part, because of a Force Majeure Event, then all other obligations of the parties shall continue. Delays or non-performance excused by this provision shall not excuse performance of any other obligation that is outstanding at the time of occurrence.
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Notwithstanding the preceding, in the event such Force Majeure continues for a period of
consecutive months, either party shall have the right but not the obligation, to serve a written notice on the other terminating this Agreement in full and each shall have no further obligation whatsoever to the other save that Company shall continue to be obliged to make payments of monies due hereunder but not paid at the date of termination.
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Exhibits.
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All Exhibits attached to this Agreement are incorporated and shall be treated as if set forth herein.
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Severability.
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In the event that any term or provision of this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other term or provision and this Agreement shall be interpreted and construed as if such term or provision, to the extent the same shall have been held invalid, illegal or unenforceable, had never been contained herein.
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IN WITNESS WHEREOF, the Parties have duly affixed their signatures on _____
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SIGNED, SEALED AND DELIVERED
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_____
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SIGNED, SEALED AND DELIVERED
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__________________________________
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_____
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