I am very new to IT industry and have no prior experience. However I came into contact with a party who is gear to build a mobile application. But, they want me to sign NDA (No Disclosure Agreement).
The definition seems vague,
The following definitions apply in this Agreement: Confidential Information means information relating to the online and mobile application concepts discussed and that:
- (a) is disclosed to the Recipient by or on behalf of XYZ;
- (b) is acquired by the Recipient directly or indirectly from XYZ;
- (c) is generated by the Recipient (whether alone or with others); or
- (d) otherwise comes to the knowledge of the Recipient,
When they say otherwise comes to the knowledge of the recipient. Does it mean if I think of any idea from my own creative mind and which is similar to their idea then it would be a breach of this agreement? and also is it okay to tell to include application name in definition as currently to me it sounds like any online of mobile application concept they think I should not disclose it to anybody.
"Confidential Information means information relating to the online and mobile application concepts discussed and that:"
I am more concerned about this part,
Without limiting XYZ’s rights at law, the Recipient agrees to indemnify XYZ in respect of all claims, losses, liabilities, costs or expenses of any kind incurred directly or indirectly as a result of or in connection with a breach by it or any of its officers, employees, or consultants of this Agreement.
Is it really common in IT industry to sign this agreement between client and developer? Any particular thing I should be concerned about?