Shanghai Runji Ship Design Co., Ltd.
Confidentiality and Non-Competition Agreement
This agreement is signed by the following parties in _Runji_ on day, month, year.
Party A: Shanghai Runji Ship Design Co., Ltd.
Legal representative: Ren Youlin
Address: Room 907, Jintai Building, No. 1398 Xinjinqiao Road, Pudong New Area Room
Postal code:
Party B:
ID number:
Home address:
Postal code :
Whereas:
Party B is employed by Party A and receives labor remuneration paid by Party A. In accordance with the relevant laws and regulations of China, both parties to this agreement shall keep Party A's secrets during Party B's term of office and after leaving Party A, and shall not use Party A's secrets known and mastered to engage in work or business designed or likely to compete with Party A. Regarding the relevant matters, the following agreement is hereby reached for the purpose of abiding by it:
Article 1 Unless otherwise agreed, the following terms in this agreement have the following meanings:
1. Confidentiality: Party A All technical secrets and business secrets owned or used.
2. Technical secrets: including design plans, hardware design documents (including design drawings), software, databases, designs, records, drawing samples, models, work manuals (reports), documents, related correspondence, etc. ; Such technical secrets include domestic and foreign patented technologies and proprietary technologies of Party A and its affiliated companies, as well as the use and combination of the company's knowledge.
3. Business secrets: including customer lists, business contracts, agreements, letters of intent, memorandums, legal affairs information, human resources information, etc.
4. Intellectual achievements: including planning and design drafts, revisions, plans, technical data, developed software, models and other information in any form (not limited to written, data, electronic means) carrier or product, etc.
5. The term of office: The term of office shall be based on the salary that Party B receives from Party A, and the working period represented by the salary shall be the term of office. The term of office includes the time Party B works overtime outside normal working hours, regardless of whether the overtime work place is within Party A’s workplace.
6. Resignation: The expiration of the term of office stipulated in the labor contract signed by Party A and Party B or the time when either party expressly expresses the intention to terminate the labor relationship shall prevail. Party B's refusal to receive wages and cessation of performing duties shall also be deemed as resignation.
7. Private contracting: Refers to the act of contacting the company's customers in any form without the company's written assignment, and accepting their entrustment in a personal name to engage in activities related to the company's business for personal gain.
Article 2 Both parties to this agreement confirm that during Party B’s tenure with Party A, Party B will perform its duties or mainly use Party A’s facilities, equipment,
confidentiality, conditions, etc. developed, designed, If the completed intellectual achievements are job achievements, their ownership belongs to Party A. Party A can fully and freely possess, use, benefit from, and dispose of such results within the scope of its business, and can conduct production, operation, investment, cooperation, or transfer to third parties. Party B shall not withhold or conceal any data or information from Party A, and shall take all necessary actions to ensure that Party A obtains and exercises ownership rights (including but not limited to patent application, trademark registration, software registration, etc.).
Article 3 Both parties to this agreement agree and confirm that the results of research, development, design and production completed by Party B during Party A’s tenure,
Party B believes that it should own the intellectual property rights If so, Party A shall be notified within 30 days after the completion of such results. If Party A, after verification, believes that it is indeed a non-office achievement, Party B shall enjoy the intellectual property rights of such intellectual achievements in accordance with the law. Party A shall not use the results for production, operation, investment, cooperation or transfer to third parties without the consent or authorization of Party B. When Party B transfers its non-office achievements, Party A enjoys the priority right to transfer under the same conditions. Both parties to this agreement agree and confirm that any intellectual achievements developed and designed by Party B during Party A's tenure but for which no rights are claimed shall be presumed to be work achievements. Party A can use the results for production, operation, investment, cooperation or transfer to third parties.
Article 4 If the two parties have any objections to the ownership of the achievements developed by Party B during Party A's tenure, they should resolve them through friendly negotiation; if the negotiation fails, they should be resolved through relevant legal channels.
Article 5 Both parties to this agreement agree and confirm that Party B must abide by laws, regulations and industry practices as well as
the confidentiality rules and systems stipulated by Party A, and perform Confidentiality duties appropriate to their job position. If Party A's confidentiality rules and systems do not provide for or have unclear provisions, Party B shall also understand them in good faith in a cautious and honest manner, and take any necessary and reasonable measures to safeguard any confidential information that it knows or has mastered during its tenure. Party A or the secrets that belong to a third party but which Party A promises to keep confidential.
Article 6 Both parties to this agreement agree and confirm that except where necessary to perform their duties, Party B shall not disclose,
inform, announce, publish, publish, without the consent of Party A. Teaching, transferring or any other means to make any third party (including other employees of Party A who do not know the secret) know the secrets that belong to Party A or belong to a third party but Party A has promised to keep confidential, nor shall it perform the performance of the secrets use such confidential information outside of official duties.
Article 7 Both parties to this agreement agree and confirm that Party B is prohibited from having private contact with Party A’s customers and privately contracting any
business during his term of office. Otherwise, Party A has the right to unilaterally terminate the labor contract without giving Party B any compensation. Party A also has the right to require Party B to compensate Party A for its losses, the amount of which is the contract amount of the aforementioned business.
Article 8 Both parties to this agreement agree and confirm that Party B is prohibited from introducing to third parties other than Party A businesses that are the same or similar to the business engaged in by Party A
during its tenure. Party B's resignation in any form shall not take away the business that has been formed or will be formed.
Otherwise, Party B shall compensate Party A for losses, the amount of which shall be the contract amount of the aforementioned business.
Article 9 Both parties to this Agreement agree and confirm that after Party B resigns (including but not limited to expiration of the labor contract or Party B resigns for any reason before the expiration of the labor contract
He shall bear the same confidentiality obligations as during his tenure and shall not use the relevant secrets without authorization for the secrets that he has come into contact with, known about, and mastered during his tenure with Party A and that belong to Party A or belong to a third party for which Party A has promised to keep them confidential. The period during which Party B no longer assumes confidentiality obligations shall be when Party A announces declassification or such secrets have actually been made public.
Article 10: All documents, materials (including photos), charts,
notes, reports, letters that record Party A’s confidentiality held or kept by Party B due to the need for official duties , faxes, tapes, disks (floppy disks, hard disks), optical disks, instruments, audio (video) tapes and any other form of carrier, all belong to Party A, regardless of whether the secrets have technical or commercial value.
Article 11 Both parties to this agreement agree and confirm that Party B shall return all
property belonging to Party A when resigning or when Party A makes a request, including All carriers that record Party A’s secrets.
Article 12 Both parties to this Agreement agree and confirm that Party B shall not use Party B to obtain, know or use any information obtained, known or Party A’s secrets held by Party A, within or outside China, in any way (including but not limited to being operated solely by it, through joint ventures, or holding shares or other interests in another company or enterprise
etc.) operate or participate in the operation of any business or activity that constitutes or may constitute competition with Party A.
Article 13 Both parties to this agreement agree and confirm that, during his tenure with Party A, Party B shall not directly
or indirectly engage in business with Party A without the prior written consent of Party A Competitive business (you are not allowed to hold any position in other enterprises that compete or may compete with Party A), and you are not allowed to provide consulting or consulting services (whether directly or indirectly) to Party A’s competitors. Party A shall not instigate any other employees of Party A to accept external employment.
Article 14 If Party B violates the confidentiality and non-competition clauses under this Agreement, it will be deemed to be a fundamental breach of the Agreement
Party A has the right to Terminate the labor contract.
If Party B's breach of contract causes losses to Party A, Party B shall compensate Party A's total losses including but not limited to all actual losses and expected profits of Party A.
Article 15 If the two parties fail to resolve any dispute arising out of or in connection with the execution of this Agreement through negotiation, either party may submit a request to the Arbitration Commission for arbitration.
The above agreement does not affect Party A's request to the intellectual property management department to handle the infringement administratively.
Article 16 If part or all of this agreement conflicts with other written agreements or
oral agreements signed by both parties before this agreement takes effect, this agreement shall prevail. shall prevail.
Article 17 Both parties to this agreement agree and confirm that both parties have carefully reviewed this agreement before signing it and have accurately understood the terms of this agreement
content and the legal consequences involved, and are willing to abide by the content of this agreement.
Article 18 This Agreement is made in duplicate, with each party holding one copy; each copy has the same legal effect.
Article 19 This Agreement shall take effect from the date of signature or seal of both parties.
Party A: Party B: (Signature)
Authorized Representative: (Signature)
Year Month Day