Last updated: December 8, 2025
Effective Date: October 1, 2024
This Mutual Non‑Disclosure Agreement (the “Agreement”) is between Harley & Son, Inc. (“H&S”) and the customer identified at checkout (“Counterparty”).
- Purpose. The parties may exchange confidential information in connection with AS9102 First Article Inspection Report preparation services (the “Purpose”).
- Confidential Information. All non‑public information disclosed by a party (including technical data, drawings, models, and business information) marked or reasonably understood as confidential. Export‑controlled data (ITAR/EAR) will be handled by U.S. persons within AWS GovCloud (US).
- Use & Care. Recipient shall use Confidential Information solely for the Purpose and protect it with at least the same care it uses for its own similar information (and no less than reasonable care). No reverse engineering.
- Exclusions. Information that is (a) public without breach; (b) already known without duty; (c) independently developed; or (d) rightfully received from a third party without duty.
- Compelled Disclosure. Permitted only to the extent legally required, with prompt notice and cooperation to seek protective treatment.
- No License. No rights granted other than as expressly set forth. All information remains the disclosing party’s property.
- Term. 3‑year confidentiality term from each disclosure; trade secrets survive as long as protected by law. Either party may terminate on notice; obligations survive for existing disclosures.
- Export Controls. Each party represents it is authorized to disclose any export‑controlled data. H&S will not export; data resides in AWS GovCloud (US).
- No Warranty; Limitation. Information is provided “as is.” Neither party is liable for indirect, special, incidental, or consequential damages.
- Equitable Relief. Breach may cause irreparable harm; injunctive relief is available in addition to other remedies.
- Governing Law. Laws of the State of California, excluding conflict rules; venue in Orange County, CA.
- Entire Agreement. This is the entire agreement on confidentiality; modifications must be in writing.
Accepted by Counterparty via checkbox during checkout.