The Non Disclosure Agreement Game Development document is essential for protecting sensitive information in Australia's growing gaming industry. It should be used whenever confidential information needs to be shared between parties involved in game development, including sharing with contractors, publishers, or potential investors. The agreement covers various types of confidential information specific to game development, such as source code, game design documents, artwork, sound assets, marketing strategies, and business plans. It is drafted in compliance with Australian law, including the Privacy Act 1988 (Cth), Copyright Act 1968 (Cth), and relevant state legislation. The document is particularly important given the digital nature of game development assets and the ease with which they can be copied or distributed.
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1. Parties: Identification of the parties entering into the NDA, including their legal names, addresses, and ACN/ABN
2. Background: Context of the agreement, including the nature of the game development project and purpose of information sharing
3. Definitions: Detailed definitions of key terms, especially 'Confidential Information', 'Game Assets', 'Intellectual Property', and 'Trade Secrets'
4. Scope of Confidential Information: Detailed description of what constitutes confidential information in the game development context, including code, artwork, design documents, and business information
5. Obligations of Confidentiality: Core confidentiality obligations, including use restrictions, security measures, and handling requirements
6. Permitted Disclosures: Circumstances under which confidential information may be disclosed, including to employees and contractors
7. Security Measures: Specific security requirements for handling digital assets and confidential information
8. Term and Survival: Duration of the agreement and which obligations survive termination
9. Return or Destruction of Confidential Information: Requirements for handling confidential information after the agreement ends
10. Breach and Remedies: Consequences of breaching the agreement and available remedies
11. General Provisions: Standard clauses including governing law, jurisdiction, and entire agreement
1. Intellectual Property Rights: Additional provisions specifically protecting IP rights, used when significant IP assets are involved
2. Third Party Disclosure: Specific provisions for sharing with third-party developers or service providers, used in collaborative projects
3. International Transfer of Data: Provisions for cross-border data transfers, used when parties are in different countries
4. Social Media and Public Communications: Guidelines for public communications about the project, used for high-profile games
5. Source Code Protection: Special provisions for protecting source code, used when source code access is granted
6. Asset Watermarking: Requirements for digital watermarking of shared assets, used for highly valuable game assets
7. Competition Restrictions: Non-compete provisions, used when sharing business-critical information
1. Schedule 1 - Specified Confidential Information: Detailed list of specific confidential information being shared
2. Schedule 2 - Authorized Personnel: List of individuals authorized to access confidential information
3. Schedule 3 - Security Protocols: Detailed technical requirements for information security
4. Schedule 4 - Approved Subcontractors: List of approved third-party contractors who may access information
5. Appendix A - Data Handling Procedures: Step-by-step procedures for handling confidential data
6. Appendix B - Incident Response Plan: Procedures for handling potential data breaches
Authors
Relevant legal definitions
Clauses
Relevant Industries
Gaming and Interactive Entertainment
Software Development
Digital Media
Creative Arts
Technology
Entertainment
Digital Publishing
Interactive Media
Virtual Reality
Augmented Reality
Relevant Teams
Legal
Development
Art
Design
Quality Assurance
Production
Executive
Business Development
Human Resources
Marketing
Audio
Research and Development
Relevant Roles
Game Producer
Lead Developer
Art Director
Technical Director
Game Designer
Project Manager
Legal Counsel
Business Development Manager
Studio Head
Creative Director
Marketing Manager
QA Manager
HR Director
Chief Technology Officer
Outsourcing Manager
Contract Administrator
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