Unilateral Nondisclosure Agreement (Page 2 of 3) in pdf

b. No delay or omission by the Company in exercising any right under this Agreement will operate as a

waiver of that or any other right. A waiver or consent given by the Company on any on occasion is

effective only in that instance and will not be construed as a bar to or waiver of any right on any other

occasion.

This Agreement is governed by and will be construed in accordance with the laws of the Commonwealth

of Massachusetts without regard to conflicts of law principles. Venue for the adjudication of any claim or

dispute arising out of this Agreement shall be proper only in the state or federal courts of the

Commonwealth of Massachusetts, and all parties to this Agreement hereby consent to such venue and

agree that it shall not be inconvenient and not subject to review by any court of than such courts in

Massachusetts.

d. The undersigned acknowledges that a breach of the foregoing obligations may cause irreparable injury

to the Company and that the Company, without the requirement or posting bond or other security, may

seek and obtain injunctive or other equitable relief against such breach or threatened breach without

prejudice to any other remedies which may be available to it.

e. Nothing in this Agreement shall be construed as establishing or implying any partnership or joint

venture between the parties and nothing in this Agreement shall be deemed to constitute either of the

parties hereto as the agent of the other party or to commit the other party in any way whatsoever,

without obtaining the other party's prior written consent.

The obligations of confidentiality hereunder in respect of any Confidential Information shall terminate

three (3) years from the date of the disclosure of such Confidential Information.

g. This Agreement constitutes the entire agreement between the parties hereto concerning the subject

matter hereof and supersedes any prior or contemporaneous agreements and understandings

concerning the subject matter hereof and understandings concerning the subject matter hereof. This

Agreement may be amended, waived or revoked only by a written instrument executed by both parties

hereto. This Agreement shall survive the execution of any contract between the parties unless otherwise

expressly agreed.

h. No amendment or modification of this Agreement shall be valid or binding on the parties unless made in

writing and executed on behalf of each party by a duly authorized representative.

All notices, requests and consents under this Agreement shall be in writing and shall be deemed to have

delivered (a) on the date personally delivered, (b) on the date mailed, postage prepaid by certified mail

with return receipt requested, or (c) when sent via facsimile and confirmed to the following address as

applicable:

If to the Company:

If to the undersigned:

Xtremesoft, Inc.

800 West Cummings Park

Suite 1750

Woburn, MA 01801 USA

Attn: Michael Dexter-Smith

Attn:

THE UNDERSIGNED HAS READ ALL OF THE PROVISIONS OF THIS AGREEMENT AND UNDERSTANDS

AND AGREES TO EACH PROVISION.

Xtremesoft, Inc.

[Company]

By:

Name:

Title:

Page 2 of 3

Unilateral Nondisclosure Agreement Page 2

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