This Confidentiality Agreement (this "Agreement") is made effective as of the date signed below between Swift Cup Coffee LLC of 545 New Holland Ave, Lancaster, PA 17602 ("Swift Cup Coffee LLC") and the undersigned employee ("Recipient").
Swift Cup Coffee LLC is engaged in manufacturing soluble coffee. The Recipient is engaged in the production, marketing, and sale of soluble coffee. Information will be disclosed to the Recipient to assist Swift Cup Coffee LLC with the production, marketing, and sale of soluble coffee.
The Owner has requested, and the Recipient agrees, that the Recipient will protect the confidential material and information which may be disclosed between the Owner and the Recipient. Therefore, the parties agree as follows:
I. CONFIDENTIAL INFORMATION. The term "Confidential Information" means any information or material which is proprietary to Swift Cup Coffee LLC, whether or not owned or developed by Swift Cup Coffee LLC, which is not generally known other than by Swift Cup Coffee LLC and which the Recipient may obtain through any direct or indirect contact with Swift Cup Coffee LLC.
II. PROTECTION OF CONFIDENTIAL INFORMATION. The Recipient understands and acknowledges that the Confidential Information has been developed or obtained by Swift Cup Coffee LLC through significant time, effort, and expense, and that the Confidential Information is a valuable, special, and unique asset of Swift Cup Coffee LLC which provides Swift Cup Coffee LLC with a significant competitive advantage and needs to be protected from improper disclosure. In consideration for the disclosure of the Confidential Information, the Recipient agrees to hold in confidence and not disclose the Confidential Information to any person or entity without the prior written consent of Swift Cup Coffee LLC.
III. RELATIONSHIP OF PARTIES. Neither party has an obligation under this Agreement to purchase any service or item from the other party or commercially offer any products using or incorporating the Confidential Information. This Agreement does not create any agency, partnership, or joint venture.
IV. NO WARRANTY. The Recipient acknowledges and agrees that the Confidential Information is provided on an "AS IS" basis. SWIFT CUP COFFEE LLC MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONFIDENTIAL INFORMATION AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
V. LIMITED LICENSE TO USE. The Recipient shall not acquire any intellectual property rights under this Agreement except the limited right to use set out above. The Recipient acknowledges that, as between Swift Cup Coffee LLC and the Recipient, the Confidential Information and all related copyrights and other intellectual property rights are (and at all times will be) the property of Swift Cup Coffee LLC.
VI. GENERAL PROVISIONS. This Agreement sets forth the entire understanding of the parties regarding confidentiality. The obligations of confidentiality shall survive indefinitely from the date of disclosure of the Confidential Information.
IN WITNESS WHEREOF, this Agreement has been executed and delivered in the manner prescribed by law as of the date signed below.
This agreement is effective as of your start date with Swift Cup Coffee LLC.
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