客户要求签保密协议,有风险么?

Lin.Chen
昨天一个加拿大的给我打电话,说他的客户要顶我们的东西,前提是要我签保密协议然后才发图纸给我。我觉得其他问题不大,不过第7条实行加利福尼亚的法律大家怎么看?咱不懂这个啊。协议如下 nondisclosure agreement ___________________________ and flextronics __________________________ enter into this agreement with the intent to exchange certain information with each other, and in consideration for said exchange agree as follows: each party (the "receiving party") agrees that it shall use any proprietary information disclosed by the other party (the "disclosing party") under this agreement only for the purpose of discussing and evaluating a potential business relationship between the parties and will not use any such proprietary information for the provision of services or products . 2. the receiving party shall not disclose any proprietary information disclosed to it by the disclosing party to anyone other than its or its affiliates, employees, contractors or authorized representatives of the receiving party who he a need to know the information in connection with the purpose described in paragraph 1 and who he signed confidentiality agreements or are otherwise bound by confidentiality obligations at least as restrictive as those contained herein. the receiving party shall exercise the same degree of care to prevent disclosure of any proprietary information received from the disclosing party hereunder as it takes to preserve and safeguard its own confidential information but, in any event, no less than a reasonable degree of care. in the event of any loss or improper disclosure of the proprietary information, the receiving party shall promptly notify the disclosing party. 3. the existence, terms and conditions of this agreement are confidential and shall not be disclosed by the parties to any third-party without the other party’s prior written consent. the obligations of the receiving party with respect to the proprietary information contained in this agreement shall, unless specifically released earlier by the disclosing party in writing, extend for a period of three (3) years from the date on which such proprietary information is disclosed. 4. this agreement shall terminate one (1) year after the effective date of this agreement, except for the obligations of the parties hereto with respect to proprietary information received prior to such termination which shall survive such termination pursuant to paragraph 3 above. 5. no rights or obligations other than those expressly provided for in this agreement shall be implied from this agreement. nothing herein contained shall in any way affect the present and prospective rights of the parties under the patent laws of any country, or be construed to (i) grant to the receiving party a license under any present or future patent, patent application, trade secret or trademark related to the proprietary information of the disclosing party or (ii) restrict in any way the marketing of any product or merchandise of the receiving party unless such marketing will constitute a breach of this agreement by the receiving party. 6. this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives. neither party shall he the right to assign or otherwise transfer its rights or obligations under this agreement except with the prior written consent of the other party, not to be unreasonably withheld 7. this agreement shall be governed by and interpreted in accordance with the laws of the state of california and the parties hereby consent to the personal and exclusive jurisdiction and venue of the california state courts and the federal courts located in santa clara county, california. notwithstanding the foregoing, except with respect to enforcing claims for injunctive or equitable relief, any dispute, claim or controversy arising from or related in any way to this agreement or the interpretation, application, breach, termination or validity thereof, including any claim
2013-10-06 1852阅读
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r a period of [*] years from the date of disclosure of such information.
4. all proprietary information disclosed by the disclosing party under this agreement shall remain the property of the disclosing party, and no license or rights to any proprietary information or any intellectual property rights therein is granted or implied hereby.
5. this agreement does not obligate either party to enter into any further agreement with the other party.
6. this agreement is governed by and shall be construed in accordance with the laws of the state of California, without giving effect to any choice of law or conflict of law provisions thereof that would cause the application of the laws of any other jurisdiction, and each party irrevocably submits to the jurisdiction of any state or federal court sitting in Los Angeles County, California, in any action or proceeding arising out of or relating to this agreement.
7. this agreement represents the entire understanding of the parties with respect to the subject matter hereof and supersedes all prior discussions, representations, and agreements between the parties, whether written or oral.

根据以上协议,当你签署保密协议后,你必须遵守其中的要求,如果你泄露了涉及保密信息,将面临法律风险和损失。需要强调的是,加利福尼亚的法律可能与中国的法律不同,您需要在签署前进行仔细审查。如果您有任何疑虑或不确定的地方,可以咨询专业律师的意见。此外,签署保密协议也不一定是必需的,可以与客户协商并寻找其他解决方案。
2023-06-24
追问:
  • lily.li
    没有陷阱,你可以放心签
    2013-10-13
  • brenda3
    关注下
    2013-10-20
  • Kevin52
    客户不是加拿大的 ,因为他们说是他的客户要求签的,我们是厂家
    2013-10-19
  • Benny6
    现在加拿大也来这一套?之前俄罗斯的客人连走海运都要我们签莫名其妙的保密协议。
    2013-10-19
  • ANIL.PALOD
    可以签
    2013-10-18
  • Alvaro
    赐教了
    2013-10-13
  • gaur
    请问这里面有软文么 ?
    2013-10-12
  • Victor.Qu
    人家发他的图纸给你,要保密协议很正常啊。
    2013-10-12
  • joy4
    这个对你们签署来说没有啥影响啊,协议都是谁出的就按谁国的法律。
    2013-10-12
  • Eric.Zhang3
    大神们
    2013-10-11
  • diego4
    hello ?有人么?
    2013-10-10
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