Parties
This Mutual Non-Disclosure Agreement is entered into on __________________ between:
Party 1: MNA Investments legal entity name: __________________________
Registration number: __________________________
Address: _________________________________________________
Party 2: _________________________________________________
Registration number: __________________________
Address: _________________________________________________
1. Purpose
The parties may disclose confidential information to evaluate, demonstrate, configure, purchase, supply or support BEE Procured V5 and related services.
2. Confidential information
Confidential information includes non-public business, commercial, pricing, security, product, software, technical, supplier, customer, certificate, procurement and personal information disclosed in any form and identified as confidential or reasonably understood to be confidential.
3. Obligations
Each receiving party must use confidential information only for the purpose, restrict it to people who need it and are bound by confidentiality, protect it with reasonable care, and promptly report suspected unauthorised access or disclosure.
4. Exclusions
Confidential information excludes information the receiving party can prove was lawfully known without restriction, independently developed, lawfully received from another source, or publicly available without breach. Legally compelled disclosure is permitted after notice where lawful.
5. Personal information and demo data
Personal information remains subject to POPIA and the parties’ agreed roles. Real client data must not be placed in a demo unless expressly approved in writing. Demo users must use synthetic, anonymised or specifically authorised information.
6. Ownership and return
No intellectual-property licence is granted except the limited right to evaluate information for the purpose. On written request or termination, the receiving party must return or securely destroy confidential information, subject to lawful retention and protected backups.
7. Term and remedies
This agreement begins on the effective date. Confidentiality obligations continue for three years after the last disclosure, while trade secrets and personal information remain protected for as long as required by law or their confidential nature. A breach may cause irreparable harm and the disclosing party may seek appropriate urgent relief.
8. General
This agreement is governed by South African law. Changes must be in writing and signed by both parties. If a provision is unenforceable, the remaining provisions continue.