MUTUAL NON-DISCLOSURE AGREEMENT
This Agreeme nt is made and en tered in to this day of (the Effective Date ”by and betwee n ,Compa ny Registrati on
No. , of ( “”).,
and , Company Registration No. , of( “”), individually referred to as a Party ” and collectively referred to as the Parties ”
WHEREAS, the Parties may disclose to each other certa in Con fide ntial
In formatio n (as defi ned in Secti on 1 hereof) in order to evaluate the possibility of en teri ng into the follow ing agreeme nt (here in after, such evaluati on shall be referred to as the Evaluation ”;
Agreeme nt with regard to discuss ing co-operati on possibility regard ing mobile
game developme nt/publish ing in the People ' Republic of China and in the Southeast Asia n territories .
and
WHEREAS, each Party agrees to keep the other Party ' Co nfide ntial
In formati on in con fide nee in accorda nee with the terms and con diti ons set forth
in this Agreeme nt;
NOW, THEREFORE, in con sideratio n of the mutual cove nants and promises contained herein, the Parties agree as follows:
1. DEFINITION
1.1 For the purpose of this Agreeme nt, the follow ing capitalized words shall
be defi ned as follows:
(1) Affiliates ” means any corporation or other legal entity in which either
Party hereto have an interest which secure 50% or more of the
owner's accumulated voting power. It shall also mean any
corporation or legal entity in which the parent of either Party
hereto either solely or jointly with one or more affiliated
companies control 50% or more of the owner's accumulated voting
power and in the case of a party;
(2) “Confidential Information ”means any and all information (whether
technical or business or otherwise) concerning, owned or controlled
by a Party and/or its Affiliates, oral or tangible, embodied or
fixed on any medium, which medium includes but is not limited to,
writing, facsimile, email, photograph, video tape, equipment,
sample, CD-ROM, and which is:
(a) marked “CONFIDENTIAL ”, “PROPRIETARY ”or with a similar legend;
or
(b) if disclosed orally or in other intangible form, designated as
confidential at the time of disclosure, and/or a document describing
the contents and the date of disclosure thereof are sent to
Recipient (as defined hereinbelow) within ten (10) days after such
disclosure.
(3) “Discloser ”means the Party that discloses Confidential Information to