DDR / GDDR, der er væsenlig forskel 🤡
#12 jeg forstår absolut ikke hvad som står... NDA, None disclosure agreement brud lunch, hvad????
Angående ATI's kommende kort er der såvidt mig bekendt kun ét sted externt fra ATI som rent faktisk har kortet... (dog 1 mdr gammel info)
Altså er det meget svært at sige noget håndfast om den kommende generation.
Nedenstående er eksempel på en NDA; (justeret selvfølgelig)
This Agreement is made and entered into jointly by Virksomhed, ADRESSE (DISCLOSER) and ______________________________________________ (Receiving Party) on 25/05/2009 (DD/MM/YY) .
"Confidential Information" means any information, technical data, or know-how considered proprietary by DISCLOSER including, but not limited to, DISCLOSER's research, products, software, services, development, inventions, processes, specifications, designs, drawings, diagrams, engineering, marketing, techniques, mask works, design tapes, documentation, customer information, pricing information, procedures, data, concepts, and financial, marketing, sales, manufacturing, operational, strategic planning, budgeting and other information, all of which are disclosed by DISCLOSER to Company. All Confidential Information received from DISCLOSER must be in tangible form and marked as "confidential" or "proprietary". To be considered confidential, verbal, visual or machine readable disclosures must be reduced to writing, marked as "confidential" or "proprietary" and delivered to Company within thirty (30) days from such disclosures.
"DISCLOSER" shall mean the contracting party which discloses the Confidential Information concerning PRODUKTET to the Receiving Party under the terms of this Agreement.
"Receiving Party" shall mean the contracting party which receives the Confidential Information concerning PRODUKTET from the DISCLOSER under the terms of this Agreement.
2. Purpose. To exchange and protect Confidential Information concerning PRODUKTET which Discloser may provide to Receiving Party during the term of this Agreement WITH THE SOLE PURPOSE OF EVALUATION, AND TO ASSIST IN RESEARCH AND DEVELOPMENT OF THE RELEVANT PRODUCT, by singing this Agreement and the furnishing of Confidential Information as provided herein shall not be construed as establishing, either expressly or by implication, any grant of rights or licenses to the Receiving Party or any relationship between the parties. The Receiving Party shall produce relevant report at Discloser's request.
3. Use Limitations. Company agrees that, for the period of time beginning from the date of disclosure of any Confidential Information and ending on PRODUKTET Embargo Lift Date (to be determined by PRODUKT UDGIVER), and notwithstanding any termination or expiration hereof, it will hold in strict confidence and not use such Confidential Information for its own use or for any purpose other than the Purpose.
4. Non-Disclosure. Receiving Party agrees that, for the period of time beginning from the date of disclosure of any Confidential Information and ending onPRODUKTET Embargo Lift Date (to be determined by PRODUKT UDGIVER), and notwithstanding any termination or expiration hereof, it will not disclose such Confidential Information to any third parties or to any of its employees, except the employees who have a need to know the Confidential Information for the Purpose. Receiving Party agrees that it shall protect the confidentiality of, and take all reasonable necessary steps to prevent disclosure of, the Confidential Information to prevent it from falling into the public domain or the possession of unauthorized persons. Receiving Party agrees to advise DISCLOSER promptly in writing of any unauthorized disclosure, misappropriation or misuse of the Confidential Information of which it may become aware.
5. Exclusions. The obligations under Sections 3 and 4 above shall not apply to Confidential Information which Receiving Party shows with supporting documentation as:
(a) already in the possession of Receiving Party at or before the time of disclosure hereunder as reasonably shown by evidence existing at the time of disclosure; or
(b) now or hereafter publicly known through no wrongful act of Receiving Party (provided that this provision shall not excuse a breach that has taken place before the Confidential Information becomes publicly known); or
(c) lawfully received from a third party without obligation of confidence; or
(d) approved for release by written authorization of DISCLOSER ; or
(e) disclosed pursuant to the requirement or demand of a lawful governmental or judicial authority, but only to the extent required by operation of law, regulation of court order, provided that Receiving Party shall promptly notify DISCLOSER of such requirement or demand so as to afford DISCLOSER an opportunity to object to, prevent or otherwise limit same.
(f) Notwithstanding the foregoing, CONFIDENTIAL INFORMATION shall not be deemed to be in the public domain merely because any part thereof is known by certain people in the industries, embodied in a product or because individual features, components or combinations or in there of are now or become known to the public.
6. Return of Materials. Any materials or documents of DISCLOSER which are furnished to Receiving Party, and all copies thereof, will be owned by DISCLOSER. At the DISCLOSER's request for return of the materials or documents, or the termination of the Purpose at DISCLOSER's option, the materials or documents will either be (i) promptly returned to DISCLOSER or (ii) destroyed by Receiving Party (with Receiving Party providing written certification of such destruction).
7. Injunctive Relief. Receiving Party acknowledges that Confidential Information has been developed or obtained by DISCLOSER by the investment of significant time, effort and expense, and that such Confidential Information provides DISCLOSER with a significant competitive advantage over its competitors. Receiving Party understands and agrees that, because of the unique nature of the Confidential Information, DISCLOSER will suffer immediate, irreparable harm in the event Receiving Party fails to comply with any of its obligations under this Agreement, that monetary damages will be inadequate to compensate DISCLOSER for such breach and that DISCLOSER shall have the right to enforce this Agreement by injunctive relief or other equitable remedies.
8. Jurisdiction and Venue; Attorneys' Fees. This Agreement shall be governed by and construed in accordance with the laws of the R.O.C without reference to its conflict of laws provisions. The parties expressly stipulate that all litigation under this Agreement shall be brought in the courts of R.O.C located in Taipei,. DISCLOSER and Receiving Party each hereby consent to jurisdiction and venue of such courts. In the event of any litigation between the parties, the prevailing party shall be entitled to reasonable attorneys' fees and all costs of proceedings incurred in enforcing this Agreement.
9. Term. This Agreement shall become effective as of the date first written above and shall apply to Confidential Information received by Receiving Party within 6 months of the date first written above. This Agreement may be terminated at any time upon written notice by either party.
10. General. This Agreement sets forth the entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes all other oral or written representations and understandings. If any portion of this Agreement is determined to be invalid or unenforceable, the remainder shall be enforceable to the maximum extent possible. This Agreement may be amended or modified only in writing signed on behalf of both parties. This Agreement shall be binding upon the successors and assigns of both parties.
11. Export and Re-Export. The parties recognize that the communication or transfer of any Confidential Information (or the supply of certain devices using such Confidential Information) to or from certain countries (or persons located therein) may be prohibited or restricted or subject to prior approval of one or more governments. Receiving Party agrees not to use, export, import, re-export, transfer or otherwise communicate any of DISCLOSER's Confidential Information to or from any country (or any person located therein) except in compliance with, and with all licenses and approvals required under, applicable U.S. and/or foreign export laws and regulations (including, without limitation, those of the U.S. Department of Commerce).
12. Non-Limitations. Nothing in this Agreement or in any disclosure of Confidential Information hereunder shall be construed as: (a) constituting or implying any representations or commitments as to the development or availability of commercial products, features or services; (b) soliciting any business or organizational changes or incurring any obligations of any kind not specified herein; (c) prohibiting either party from proceeding independently to develop services or products competitive with those involved herein (provided such services or products are not developed with the Confidential Information provided hereunder); and/or (d) prohibiting either party from associating itself with competitors of the other party for purposes substantially similar to those involves herein.
13. Warranty. Receiving Party assumes all risk, known or unknown, incident to its use of the Confidential Information, and DISCLOSER shall have no liability of any kind to Receiving Party or any third parties arising out of such use. RECEIVING PARTY ACCEPTS THE CONFIDENTIAL INFORMATION IN "AS IS" CONDITION. DISCLOSER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE CONFIDENTIAL INFORMATION, AND DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE.
14. Notices. Any notice required or permitted hereunder shall be in writing and shall be deemed effectively given upon personal delivery, three days after deposit in the United States mail, by certified mail, postage prepaid, return receipt requested, or the day after delivery to a recognized overnight courier, to the following addresses:
VIRKSOMHED RECEIVING PARTY
By: _______________________ By: _______________________
Name: Name: _____________________
Title: . Title: ______________________
Date: _____________________ Date: ______________________