[TriLUG] OT: signing NDA's

[Ron Joffe]

On Sunday 11 June 2006 19:09, Joseph Mack NA3T wrote:
>
> What do other people do here?
>

Joe,

Most standard NDA's specify that any proprietary material provided to you by 
the company must be labled "proprietary" or they must notify you in writing 
that the documents are proprietary.

Sample wording :

As used herein, the term “Confidential Information” shall mean all information 
provided by the Disclosing Party to the Recipient in the form of the 
following:

a) all technical and non-technical information including, without limitation, 
patent, trade secret and proprietary information, techniques, sketches, 
drawings, models, inventions, know-how, processes, apparatus, equipment, 
algorithms, software programs, software source documents and formulae, any 
and all of which relate to the past, present, future or proposed products and 
services of the Parties, and including, without limitation, information 
concerning research, experimental and development work, design details, 
specifications and engineering information, financial information, customer 
lists, business forecasts, sales and marketing plans, and all such other 
information which may be revealed to one Party by the other for the 
purpose(s) described in this Agreement, and which has been supplied  in any 
form (whether print, hard copy, electronic, or otherwise) by the Disclosing 
Party to the Recipient and designated in writing, or orally and confirmed in 
writing, by the Disclosing Party as “Confidential,” “Restricted,” “Secret,” 
or other similar term; or

b) tangible information, including all reproductions thereof, supplied in any 
form (whether print, hard copy, electronic, or otherwise) which has been 
disclosed by the Disclosing Party to the Recipient and marked as 
“Confidential,” “Restricted,” “Secret,” or other similar term; or

c) information which is disclosed orally and confirmed in writing as 
“Confidential,” “Restricted,” “Secret,” or other similar term; or

d) information which is observed by the Recipient during a visit to the 
Disclosing Party’s facility an which is identified or designated as being 
confidential and confirmed in writing as “Confidential,” “Restricted,” 
“Secret,” or other similar term.


The key here is that the company must always tell you what is proprietary.

I've read quite a few of these, and the labeling of the information is always 
included.

Good Luck,

Ron