Matheny Enterprises
NON-DISCLOSURE AGREEMENT
This agreement is entered into between ______("Client") and Matheny Enterprises ("MENT"). The principal of Matheny Enterprises is Bradley L. Matheny. The agreement is entered into this _____ day of ______, ______for the purpose of defining the proprietary nature of software being programmed in the EasyLanguage®, or eSignal EFS application environment and the relationship Matheny Enterprises is allowed to maintain during and after development of “source code” for Client.
Matheny Enterprises has been engaged by Client to review, discuss or develop source code for the Client.
Matheny Enterprises agrees not to disclose information to individuals or parties, or use for any purposes, information concerning the data structures and algorithms or other information which make up Client’s concept, property or proposed source-code and/or software products except for personal, individual use.
Matheny Enterprises agrees to respect and guard the proprietary nature of all information provided by the Client and not to sell, transfer, give away or otherwise share any portion or all of the proprietary information provided by the Client.
The Client agrees to hold Matheny Enterprises “Forever Harmless” from any claims of loss, financial or otherwise, resulting from the use of said proprietary software source code, development fees or contract fees.
Acknowledged and Agreed to by:
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Bradley L. Matheny Date
Matheny Enterprises
______
Client Date
Matheny Enterprises
NON-COMPETITION AGREEMENT
This agreement is entered into between ______("Client") and Matheny Enterprises ("MENT"). The principal of Matheny Enterprises is Bradley L. Matheny. The agreement is entered into this _____ day of ______, ______for the purpose of defining the rights of use of the proprietary software developed and owned by Matheny Enterprises as sold to Client.
Client agrees to a “Single Use” right to the software application for the Client’s individual use.
Client agrees not to market, sell, promote, give away, transfer these rights or compete with Matheny Enterprises in any way, shape or form for a period of not less than 20 years. The Client also agrees that any modifications, changes or revisions made to the original source code provided by Matheny Enterprises will not void or nullify this contract.
Client agrees to protect Matheny Enterprises ownership rights of the proprietary software source code provided to Client by Matheny Enterprises in “Good Faith” of this agreement.
In the event of a breach of this agreement, Matheny Enterprises may seek legal action against Client for Current and Future Lost Revenues, Applicable Legal Fees and Costs, and any other Punitive and Real damages that may arise from such breach of contract.
Acknowledged and Agreed to by:
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Bradley L. Matheny
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Client