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Non Use Agreement

Non Use Agreement Template for Australia

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Key Requirements PROMPT example:

Non Use Agreement

"I need a Non-Use Agreement to protect our proprietary software algorithms when sharing them with a potential manufacturing partner in March 2025; the agreement should include strict IT security protocols and prevent any reverse engineering."

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Document background
The Non-Use Agreement is a crucial legal instrument in Australian business operations where one party needs to prevent another party from using sensitive or valuable information for unauthorized purposes. This document is particularly relevant when sharing trade secrets, proprietary technology, or confidential business information in contexts such as business negotiations, due diligence processes, or collaborative ventures. The agreement must comply with Australian legal requirements, including the Competition and Consumer Act 2010 (Cth) and relevant privacy legislation. It's designed to provide stronger protection than a standard confidentiality agreement by specifically restricting use rather than just disclosure, making it particularly valuable for protecting intellectual property and maintaining competitive advantages in the Australian market.
Suggested Sections

1. Parties: Identifies and defines the parties to the agreement, including the disclosing party and receiving party

2. Background: Sets out the context of the agreement and the parties' intentions

3. Definitions: Defines key terms used throughout the agreement, particularly 'Protected Information'

4. Non-Use Obligations: Core section detailing the specific restrictions on use of the Protected Information

5. Security and Control Measures: Specifies the measures required to prevent unauthorized use or access to Protected Information

6. Term and Termination: Specifies the duration of the agreement and circumstances for termination

7. Return or Destruction of Information: Requirements for handling Protected Information upon termination

8. Breach and Remedies: Outlines consequences of breach and available remedies

9. General Provisions: Standard boilerplate clauses including governing law, notices, and entire agreement

Optional Sections

1. Permitted Uses: Include when there are specific limited circumstances where use is permitted

2. Regulatory Compliance: Include when Protected Information is subject to specific regulatory requirements

3. Third Party Disclosure: Include when there may be legitimate needs to share information with specific third parties

4. Insurance Requirements: Include when the nature of Protected Information warrants specific insurance coverage

5. Audit Rights: Include when regular verification of compliance is necessary

6. Survival: Include when certain obligations need to explicitly survive termination

Suggested Schedules

1. Schedule 1 - Protected Information: Detailed description of the information subject to non-use restrictions

2. Schedule 2 - Security Protocols: Specific security measures and protocols required

3. Schedule 3 - Authorized Personnel: List of individuals authorized to access Protected Information, if applicable

4. Appendix A - Compliance Certificate: Template for periodic compliance certification if required

5. Appendix B - Destruction Certificate: Template for certifying destruction of Protected Information upon termination

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant Industries

Technology

Manufacturing

Research & Development

Pharmaceuticals

Financial Services

Professional Services

Healthcare

Biotechnology

Energy

Mining

Defense

Telecommunications

Consumer Goods

Media & Entertainment

Relevant Teams

Legal

Intellectual Property

Research & Development

Information Technology

Procurement

Business Development

Risk & Compliance

Innovation

Commercial

Operations

Information Security

Relevant Roles

Chief Executive Officer

Chief Legal Officer

General Counsel

Intellectual Property Manager

Research Director

Business Development Manager

Chief Technology Officer

Chief Information Officer

Procurement Manager

Contract Manager

Innovation Director

Head of Research

Chief Commercial Officer

Risk Manager

Compliance Officer

Industries
Australian Contract Law: Common law principles governing formation and enforcement of contracts, including requirements for valid consideration, capacity to contract, and intention to create legal relations
Competition and Consumer Act 2010 (Cth): Federal legislation that governs competition law and restrictive trade practices, ensuring the agreement doesn't breach anti-competitive provisions
Corporations Act 2001 (Cth): Relevant for corporate entities entering into the agreement, including directors' duties and corporate authority to contract
Trade Practices Act 1974: Although largely superseded by the Competition and Consumer Act, some provisions remain relevant for fair trading practices
Electronic Transactions Act 1999 (Cth): Relevant if the agreement is to be executed electronically, establishing the validity of electronic signatures and communications
Privacy Act 1988 (Cth): Important if the non-use agreement involves personal or sensitive information that falls under privacy protection
Confidential Information Common Law: Common law principles protecting confidential information and trade secrets, including equitable obligations of confidence
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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