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Mutual NDA · Draft
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Disclosing & receiving

Parties (2)

Bilateral
Party 1· Disclosing
Party 2· Receiving
Confidential · Legal Instrument

MUTUAL NON-DISCLOSURE AGREEMENT

Effective May 13, 2026
Delaware, USA·Term: 3 years·2 Parties
Recital — Parties to this Agreement

This Agreement is entered into as of the Effective Date by and between:

  1. 1
    Disclosing Party
    Acme Inc.
    having its principal place of business at 123 Market St, San Francisco, CA 94103
  2. 2
    Receiving Party
    Beta LLC
    having its principal place of business at 456 High St, Wilmington, DE 19801
§

Definitions

Effective Date
May 13, 2026
Purpose
evaluating a potential business relationship between the parties
Discloser
Each Party, when sharing Confidential Information.
Recipient
Each Party, when receiving Confidential Information.
I.

Confidential Information

"Confidential Information" means any information disclosed by either Party to the other, whether orally, in writing, or in any other form, that is designated as confidential, or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. It includes, without limitation, business plans, financial data, customer lists, pricing, product roadmaps, technical specifications, source code, know-how, and trade secrets.

II.

Term — 3 years

This Agreement shall commence on the Effective Date and continue for a period of 3 years. Confidentiality obligations survive for 3 years from the date of disclosure; trade secrets remain protected for so long as they qualify as trade secrets under applicable law.

III.

Obligations of the Recipient

Recipient shall (a) use Confidential Information solely for the Purpose; (b) protect it using at least a reasonable degree of care; and (c) limit access to employees, contractors, and advisors who have a need to know and who are bound by confidentiality obligations at least as protective as those set forth herein.

IV.

Governing Law — Delaware, USA

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware.

Full clause text · 14 articles
MUTUAL NON-DISCLOSURE AGREEMENT

This Mutual Non-Disclosure Agreement (this "Agreement") is entered into as of May 13, 2026 (the "Effective Date") by and between:

(1) Acme Inc., having its principal place of business at 123 Market St, San Francisco, CA 94103 ("Disclosing Party");

(2) Beta LLC, having its principal place of business at 456 High St, Wilmington, DE 19801 ("Receiving Party").

Each of the foregoing is referred to individually as a "Party" and collectively as the "Parties."

1. PURPOSE. The Parties wish to explore and evaluate a business relationship in connection with evaluating a potential business relationship between the parties (the "Purpose"). In the course of discussions, each Party (in such capacity, the "Discloser") may disclose to the other Party or Parties (in such capacity, the "Recipient") certain non-public information that is confidential or proprietary.

2. CONFIDENTIAL INFORMATION. "Confidential Information" means any information disclosed by each Party (in such capacity, the "Discloser") to the other Party or Parties (in such capacity, the "Recipient"), whether orally, in writing, or in any other form, that is designated as confidential, or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, without limitation, business plans, financial data, customer lists, pricing, product roadmaps, technical specifications, source code, know-how, and trade secrets.

3. EXCLUSIONS. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of Recipient; (b) was rightfully known to Recipient without restriction before disclosure; (c) is rightfully obtained from a third party not under a duty of confidentiality; or (d) is independently developed by Recipient without use of or reference to the Confidential Information.

4. OBLIGATIONS. Recipient shall (a) use Confidential Information solely for the Purpose; (b) protect it using at least the same degree of care it uses to protect its own confidential information of similar nature, but in no event less than a reasonable degree of care; and (c) limit access to Confidential Information to its employees, contractors, and advisors who have a need to know and who are bound by confidentiality obligations at least as protective as those set forth herein.

5. COMPELLED DISCLOSURE. If Recipient is required by law or by a court or governmental authority to disclose any Confidential Information, Recipient shall, to the extent legally permitted, provide Discloser with prompt written notice and reasonable cooperation so that Discloser may seek a protective order or other appropriate remedy.

6. TERM. This Agreement shall commence on the Effective Date and continue for a period of 3 years. The obligations of confidentiality with respect to Confidential Information shall survive for a period of 3 years from the date of disclosure, except that obligations relating to trade secrets shall continue for as long as such information remains a trade secret under applicable law.

7. RETURN OR DESTRUCTION. Upon written request, Recipient shall promptly return or destroy all Confidential Information in its possession and, at Discloser's request, certify such return or destruction in writing. Recipient may retain one archival copy for legal compliance purposes, subject to continuing confidentiality obligations.

8. NO LICENSE. Nothing in this Agreement grants Recipient any license or other right in or to any Confidential Information, patents, copyrights, trademarks, or trade secrets, whether by implication, estoppel, or otherwise.

9. NO WARRANTY. All Confidential Information is provided "as is." Neither Party makes any representation or warranty as to the accuracy or completeness of Confidential Information.

10. NO OBLIGATION. Nothing in this Agreement obligates any Party to enter into any further agreement or business relationship with any other Party.

11. INJUNCTIVE RELIEF. The Parties acknowledge that a breach of this Agreement may cause irreparable harm for which monetary damages would be an inadequate remedy, and that the non-breaching Party shall be entitled to seek injunctive relief in addition to any other remedies available at law or in equity.

12. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware.

13. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the Parties concerning its subject matter and supersedes all prior or contemporaneous understandings, whether written or oral. It may be amended only by a writing signed by all Parties.

14. COUNTERPARTS. This Agreement may be executed in counterparts, including by electronic signature, each of which shall be deemed an original and all of which together shall constitute one instrument.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the Effective Date.


Acme Inc.

By: ______________________________
Name: ____________________________
Title: ___________________________
Date: ____________________________


Beta LLC

By: ______________________________
Name: ____________________________
Title: ___________________________
Date: ____________________________
In witness whereof, the Parties have executed this Agreement
Disclosing Party
Acme Inc.
SignatureDate
Name: ___________________________
Title: ___________________________
Receiving Party
Beta LLC
SignatureDate
Name: ___________________________
Title: ___________________________
MUTUAL NON-DISCLOSURE AGREEMENT· May 13, 2026 ·Confidential