STATEMENT OF NON-DISCLOSURE AGREEMENT
Herewith declares as follows:
a. “Your Corporation” has been approached by Willems Design, represented by Peter Willems, The Hague, The Netherlands, hereinafter referred to as Willems Design, with the request to examine a creation developed by Willems Design, hereinafter referred to as “The Concept Designs”, as described in an annex to this statement, which annex will be disclosed to “Your Corporation” after this statement has been signed and which annex will be signed on each page by “Your Corporation” after disclosure.
b. “Your Corporation” is willing to perform this examination and needs information from Willems Design in order to be able to examine whether the concept of “The Concept Designs” is technically and commercially feasible. Willems Design shall supply “Your Corporation” with proprietary and confidential information.
c. “Your Corporation” will consider and treat the information of “The Concept Designs” as proprietary and strictly confidential and will not disclose this information to any third party.
d. “Your Corporation” will only inform those employees about the information of “The Concept Designs”, whose opinion is needed in order to get the best possible examination.
e. “Your Corporation” will have these employees bound by the contents of this statement of non-disclosure.
f. “Your Corporation” shall use the information of “The Concept Designs” only for examination purposes and not for any other purposes, unless “Your Corporation” is able to prove that, the information was known to her before the date on signing of this statement or the information was of common knowledge.
g. “Your Corporation” shall inform Willems Design immediately about this knowledge, mentioning the sources.
h. “Your Corporation” will inform Willems Design in writing within 4 weeks after the disclosure of the information, of “The Concept Designs”, about the results of the examination.
i. “Your Corporation” and Willems Design will enter into negotiations about a written agreement on how to proceed, if “Your Corporation” is interested in the development and/or exploitation and commercialization of “The Concept Designs”.
j. “Your Corporation” will undertake no further activities of any kind in relation to the information, of “The Concept Designs”, after having informed Willems Design of not being interested in “The Concept Designs” or if parties can not reach an agreement on how to proceed. All materials received from Willems Design will be returned to Willems Design.
k. “Your Corporation” acknowledge that Willems Design retain all Intellectual Property Rights in the information supplied by Willems Design.
l. “Your Corporation” obligations in this statement shall terminate 10 years from the date of signing or agreeing of this statement.
m. “Your Corporation” shall forfeit a penalty, immediately repayable upon any violation of the terms of this Non-Disclosure Agreement without prejudice to Willems Design its right to claim the real damages if they exceed.
n. Disputes arising out of this Non-Disclosure Agreement shall be governed by the Dutch and/or European law and be brought before the District Court in The Hague, The Netherlands. “Your Corporation” will pay all fees arising during this dispute to Willems Design.
End of the Statement of Non-Disclosure.
Any rights not expressly granted herein are reserved by “Willems Design” © 2013,
The Hague, The Netherlands.