It's not that unusual for non-disclosure agreements to include a provision that the agreement itself is not to be disclosed. But one expects more of Google, an internet giant which at least preaches virtue. Visitors to the search engine company's Mountain View campus are automatically given a non-disclosure agreement upon arrival. The NDA, republished after the jump, contains this particularly Orwellian prohibition.

Participant agrees not to do the following, except with the advanced review and written approval of Google: issue or release any articles, advertising, publicity or other matter relating to this Agreement (including the fact that a meeting or discussion has taken place between the parties) or mentioning or implying the name of Google.

Non-Disclosure Agreement

Revision 0727.2005

Google Inc.

This Non-Disclosure Agreement ("Agreement") is made and entered

into between Google Inc., for itself and its subsidiaries and affiliates

("Google"), and "Participant" identified below, individually referred to as

a "Party" and collectively referred to as the "Parties". The Parties wish to

exchange Confidential Information (as defined below in Section 2) for

the following purpose(s): evaluating a potential employment opportunity

with Google (the "Purpose"). The Parties have entered into this

Agreement to assure that the confidentiality of such information is

maintained, in accordance with the following terms of this Agreement:

1. The Effective Date of this Agreement is _____________________.

2. Google may disclose certain information under this Agreement it

considers confidential and/or proprietary concerning Google's

business and/or technology ("Confidential Information") including,

but not limited to, all tangible, intangible, visual, electronic, present,

or future information such as: (a) trade secrets; (b) financial

information, including pricing; (c) technical information, including

research, development, procedures, algorithms, data, designs, and

know-how; (d) business information, including operations, planning,

marketing interests, and products; (e) the terms of any agreement

and the discussions, negotiations and proposals related to any

agreement; and (f) information acquired during any facilities tours.

3. Participant will use the Confidential Information only for the Purpose

described above. Participant will use the same degree of care, but

no less than a reasonable degree of care, as Participant uses with

respect to its own similar information to protect the Confidential

Information and to prevent: (a) any use of Confidential Information

not authorized in this Agreement; and/or (b) communication of

Confidential Information to any unauthorized third party.

Confidential Information may only be disseminated to employees,

directors, agents or third party contractors of Participant with a need

to know and who have first signed an agreement with Google

containing confidentiality provisions substantially similar to those set

forth herein ("Authorized Personnel"). Participant shall ensure

compliance by Authorized Personnel with the terms and conditions

of this Agreement, and shall be responsible for any breach of such

terms and conditions by any Authorized Personnel.

4. Participant agrees not to do the following, except with the advanced

review and written approval of Google: (a) issue or release any

articles, advertising, publicity or other matter relating to this

Agreement (including the fact that a meeting or discussion has

taken place between the parties) or mentioning or implying the

name of Google; (b) make copies of documents containing

Confidential Information; or (c) reverse engineer, disassemble,

decompile, translate, or attempt to discover any prototypes,

software, algorithms, or underlying ideas which embody Google's

Confidential Information.

5. This Agreement imposes no obligation upon Participant with respect

to Confidential Information that: (a) was known to Participant before

receipt from Google, as evidenced by Participant's files and records

in existence before the time of disclosure; (b) is or becomes publicly

available through no fault of Participant; (c) is rightfully received by

Participant from a third party without a duty of confidentiality; (d) is

disclosed by Google to a third party without a duty of confidentiality

on the third party; or (e) is disclosed by Participant with Google's

prior written approval. If Confidential Information is required to be

produced by law, court order, or other governmental demand

("Process"), Participant must immediately notify Google of that

obligation. Participant will not produce or disclose Confidential

Information in response to such Process unless Google has (i)

requested protection from the court or other legal or governmental

authority requiring the Process and such request has been denied,

or (ii) consented in writing to the production or disclosure of the

Confidential Information in response to the Process. Nothing in this

Agreement shall prohibit or limit either party's use or disclosure of

the U.S. Federal income tax treatment and U.S. Federal income

tax structure of any transaction contemplated by this Agreement

and all materials of any kind (including opinions or other tax

analyses) that are provided to it relating to such tax treatment or

tax structure, except where confidentiality is necessary to comply

with applicable federal or state securities laws.




7. Google does not wish to receive any confidential information from

Participant, and Google assumes no obligation, either express or

implied, for any information disclosed by Participant.

8. This Agreement shall remain in effect until such time as all

Confidential Information of Google disclosed hereunder becomes

publicly known and made generally available through no action or

inaction of Participant.

9. Participant, upon Google's written request, will promptly return all

Confidential Information received from Google, together with all

copies, or certify in writing that all such Confidential Information

and copies thereof have been destroyed.

10. This Agreement imposes no obligation on Google to exchange

Confidential Information, to proceed with the business opportunity,

or to purchase, sell, license, transfer or otherwise make use of any

technology, services or products.

11. No Party acquires any intellectual property rights under this

Agreement (including but not limited to patent, copyright, and

trademark rights) except the limited rights necessary to carry out

the purposes as set forth in this Agreement.

12. Participant acknowledges that damages for improper disclosure of

Confidential Information may be irreparable; therefore, Google is

entitled to seek equitable relief, including injunction and preliminary

injunction, in addition to all other remedies.

13. This Agreement does not create any agency or partnership

relationship. This Agreement will not be assignable or transferable

by Participant without the prior written consent of Google.

14. This constitutes the entire agreement between the parties with

respect to the subject matter hereof, and supersedes any prior oral

or written agreements. All additions or modifications to this

Agreement must be made in writing and must be signed by all

Parties. Any failure to enforce a provision of this Agreement shall

not constitute a waiver thereof or of any other provision.

15. This Agreement may be executed in two or more identical

counterparts, each of which shall be deemed to be an original and

all of which taken together shall be deemed to constitute the

agreement when a duly authorized representative of each party

has signed the counterpart.

16. This Agreement shall be governed by the laws of the State of

California, without reference to conflict of laws principles. The

exclusive venue for any dispute relating to this Agreement shall be

in the state or federal courts within Santa Clara County, California.