PLEASE READ CAREFULLY: This Non-Disclosure Agreement (“NDA”) is a legal Agreement between You (either an individual or a single entity) and Check Point Software Technologies Ltd. (“Check Point”) for the receipt of early availability information pertaining to Check Point Product(s) (“Early Availability Information”).

YOU AGREE TO BE BOUND BY THE TERMS OF THIS NDA BY CHOOSING “ACCEPT” BELOW OR BY RECEIVING EARLY AVAILABILITY INFORMATION. IF YOU DO NOT AGREE, DO NOT REQUEST OR RECEIVE EARLY AVAILABILITY INFORMATION.

  1. Check Point has disclosed or may disclose to You Early Availability Information and other business or technical information regarding Early Availability Information, and/or ideas contained in any medium (“Proprietary Information”). In consideration of any such disclosure and any negotiations concerning any proposed business relationship, You agree as follows:
  2. You will hold in confidence and not possess or use (except to evaluate within the country in which Check Point provided You the Proprietary Information the proposed business relationship) or disclose any Proprietary Information except to the extent You can document that such information (a) is in the public domain through no act or omission of You; (b) was properly known to You, without restriction, prior to disclosure by Check Point; or (c) was properly disclosed to You by a third party and You reasonably believed that such third party was not bound by any obligation of confidentiality with respect to such information. Any employee or contractor of You given access to Proprietary Information must have a legitimate need to know such Proprietary Information and must be bound in writing by obligations no less restrictive than those contained herein. You will not reverse engineer or attempt to derive the composition or underlying information, structure, or ideas of any Proprietary Information. This agreement does not grant You a license in or to any of the Proprietary Information.
  3. If You decide not to proceed with the proposed business relationship or if requested by Check Point at any time, You will promptly return or destroy all Proprietary Information and all copies, extracts and other objects or items in which such Proprietary Information may be contained or embodied.
  4. You agree not to remove or export or re-export any Proprietary Information or any direct product thereof without the prior written consent of Check Point and only in compliance with, and with all licenses and approvals required under, applicable export laws and regulations, including without limitation, those of the Bureau of Industry and Security.
  5. You will promptly notify Check Point of any known or suspected unauthorized use or disclosure of Proprietary Information.
  6. You understand and agree that this NDA does not obligate Check Point to disclose any information or negotiate or enter into any agreement or relationship.
  7. You acknowledge and agree that due to the unique nature of the Proprietary Information, any breach of this agreement would cause irreparable harm to Check Point for which there can be no adequate remedy at law and therefore upon such breach or threat thereof Check Point shall be entitled to seek appropriate equitable relief in addition to all other remedies available at law or hereunder.
  8. The terms of this agreement will remain in effect with respect to any particular item of Proprietary Information until You can document that one of the exceptions stated in Paragraph 1 above applies to such item.
  9. This NDA (i) constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all previous agreements related to such subject matter, (ii) shall be governed by the laws of the State of New York, U.S.A and (iii) may be modified or waived only in writing. If any provision is found to be unenforceable, such provision will be limited or deleted to the minimum extent necessary so that the remaining terms remain in full force and effect. The prevailing party in any dispute or legal action regarding the subject matter of this NDA shall be entitled to recover reasonable attorneys’ fees and costs.