In a California case, a court found that employees who left a company could use their former employer`s mailing list to send an announcement of their job change to former customers. The former employer`s mailing list was not a trade secret because: (1) customers were known to former employees through personal contacts; and (2) the use of the customer list spared ex-employees only a slight inconvenience in verifying customer addresses and phone numbers. In other words, the information was easy to identify. Moss, Adams & Co. v. Schilling, 179 Cal. App.3d 124 (1984). NDA Beta Tester Software – If you develop software (including web applications) and sub-grant beta versions to external testers, here you will find a confidentiality agreement that you can use. While most of this information can be included in a standard agreement with the terms and conditions, an EULA is more sectoral for software and application developers and is usually the preference. If you do not grant a license, you will not need UNSA. If you grant a license, you may use either of these agreements.
You may not prohibit the receiving party from disclosing information that is known to the public, that legally comes from another source, or that has been developed by the receiving party before meeting with you. Similarly, it is not illegal for the receiving party to reveal your secret with your permission. These legal exceptions exist with or without an agreement, but they are usually contained in a contract to make it clear to everyone that this information is not considered a trade secret. Ease of availability is generally appropriate when entering into an NDA with a person such as an independent contractor. Use the most detailed if your secrets can be used by more than one person within a company. The detailed provision provides that the receiving party must limit access to persons within the company who are also bound by this agreement. Be sure to present your EULA at the time someone installs your software. Add clauses that help protect your rights, property and intellectual property, and users. Also add clauses that limit your liability, do not use certain guarantees and manage users` expectations.
Make sure you get clear consent from each user before allowing someone to complete the installation or device. If both parties reveal secrets, you should modify the agreement to make it a reciprocal (or “bilateral”” confidentiality agreement. Replace the first paragraph of the Agreement with the following paragraph. Chemical, mechanical and manufacturing processes are generally protected by confidentiality agreements. Examples include the processes of making chocolate powder, chickenpox vaccine, or marble imaging frames. The Customer retains ownership of all data, information or intellectual property that is provided to the Supplier under this Destruction Agreement with a view to its destruction. . . .