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Before you submit anything, for your protection, you need to request a Non-Disclosure Agreement from us. Make sure you include your full name with your request.  We will sign, scan and email back to you a copy of the NDA found below. 

CONFIDENTIALITY & NON-DISCLOSURE AGREEMENT

The undersigned, David E. Fitzgibbons (hereinafter “DF”), in consideration of the disclosure by __________________________________ (the “Disclosing Party”) to DF of certain information deemed Confidential Information (as defined below) by the Disclosing Party, hereby agrees as follows:

  1. Confidential Information means that information listed on or described on Schedule “A”, attached hereto.

  2. DF will preserve and protect the Confidential Information from disclosure by exercising the same degree of care, but no less than a reasonable degree of care, as DF uses to protect its own confidential information of a like nature, in order to prevent the unauthorized use, dissemination or publication of the Confidential Information; provided, however, that DF will have a duty to protect only that Confidential Information which is:
  1. disclosed by the Disclosing Party in writing and marked as “Confidential” at the time of the disclosure by appropriate legend, marking, stamp or other positive written identification on the face of such Confidential Information; or

  2. disclosed by the Disclosing Party in any other manner including but not limited to orally or by visual observation and is identified as confidential at the time of disclosure and is also summarized and designated as confidential in a writing delivered to DF within ten (10) days after the date of disclosure.

  1. Notwithstanding anything to the contrary herein contained, the prohibitions of this Agreement will not apply with respect to any information which:

  1. as of the date hereof, is in the public domain;

  2. becomes part of the public domain hereafter through no fault of DF;

  3. is already in the possession of DF;

  4. is subsequently obtained by DF from a third party who is not under an obligation of confidentiality to the Disclosing Party; or

  5. is developed by DF independently of and without reference to the Confidential Information.

  1. All Confidential Information will remain the property of the Disclosing Party. Upon written demand, all tangible Confidential Information delivered to DF will be returned to Disclosing Party.

  2. Nothing in this Agreement will be deemed to confer any intellectual property rights or licenses or any right to use the Confidential Information, except as otherwise provided in a writing signed by the Disclosing Party. In addition, nothing in this Agreement will be deemed to create any agency or partnership relationship between DF and the Disclosing Party.

  3. Notwithstanding any provision hereof, the obligations of DF will terminate five (5) years after the date hereof.

  4. This Agreement contains the complete and entire understanding of the parties hereto relative to the subject matter hereof, and supersedes any previous communications, representations or agreements, whether oral or written, with respect to the subject matter hereof. This Agreement will be construed pursuant to the laws of the State of Ohio. Modification of this Agreement will be binding only if in writing and signed by DF and the Disclosing Party.

DAVID E. FITZGIBBONS

 

Signature: _______________________________ Date: ______________________