XORIANT CONFIDENTIAL: Candidate Non-Disclosure Agreement & Consent to Interview Process
In order to evaluate a potential employment opportunity (the “Purpose”), Xoriant Corporation OR Xoriant Solutions Pvt Ltd., for itself and its subsidiaries and affiliates (“Xoriant”), and the individual identified below hereby agree:
- This agreement is effective as of the date you apply to any employment opportunity published by Xoriant through any channel or media.
- Xoriant may disclose to the other party (the “Recipient”) information pertaining to the Purpose that Xoriant considers confidential (“Confidential Information”)
- Recipient may use Confidential Information only for the Purpose. Recipient must use a reasonable degree of care to protect Confidential Information and to prevent any unauthorized use or disclosure of Confidential Information.
- Confidential Information does not include information that: (a) was known to Recipient without restriction before receipt from Xoriant; (b) is publicly available through no fault of Recipient; (c)is rightfully received by Recipient from a third party without a duty of confidentiality;or (d) is independently developed by Recipient.
- Recipient may disclose Confidential Information when compelled to do so by law if it provides reasonable prior notice to Xoriant, unless a court orders that Xoriant not be given notice.
- Recipient agrees to participate in audio / video interview with Xoriant and its clients. Recipient agrees not to make any recording of an interview or to disclose any questions asked during interview to any third party.
- Either party may terminate this agreement with thirty days prior written notice, but this agreement’s provisions will survive as to Confidential Information that is disclosed before termination.
- Unless the parties otherwise agree in writing, Recipient’s duty to protect Confidential Information expires five years from disclosure.
- This agreement imposes no obligation to proceed with any further discussions or enter into any employment agreement or other business transaction.
- Recipient acquires no intellectual property rights under this agreement except the limited rights necessary to use the Confidential Information for the Purpose.
- This agreement does not create any employment, agency or partnership/relationship.
- This agreement is the parties’ entire agreement on this topic, superseding any prior or contemporaneous agreements. Any amendments must be in writing. Failure to enforce any of the provisions of this agreement will not constitute a waiver. This Agreement shall be governed by the laws of India (in case of an employee working in India) OR the laws of the USA (in case of an employee working in the USA) and subject to the exclusive jurisdiction of courts in India OR California State Law as applicable.
