If it were I, I would try to list specific things that the current product
does that you won't do (or that you won't provide a combination of x number
of things). Also, I would word it carefully so that it's clear you won't
poach their clients, but not that you won't compete for them in any sense.
-- Ben Doom
Programmer & General Lackey
Moonbow Software, Inc
: -----Original Message-----
: From: Barney Boisvert [mailto:[EMAIL PROTECTED]
: Sent: Tuesday, July 15, 2003 2:22 PM
: To: CF-Talk
: Subject: legal issues
:
:
: My company recently spawned off from a parent company, and we're
: drafting a
: non-compete agreement and looking for some insight as to wording.
: We found
: a couple generic agreements, and they used such remarkably vague terms as
: "... the Employee shall not own, manage, operate, consult to or
: be employed
: in a business substantially similar to the present or future
: business of the
: Company ..."
:
: I don't have a particular problem with signing an appropriate non-compete,
: and my employer wants to ensure the agreement is suitable for all
: concerned,
: which is very nice, so there is some flexability.
:
: The company develops a web-based communications management tool that is
: licensed and hosted ASP-style (Application Service Provider, not Active
: Server Pages ;). As well as doing all development, we do all the
: sales and
: support services. My concern is that any web app could be construed as a
: web-based communications management tool, especially anything that's not a
: basic web site (an email newsletter with web-based authoring, for
: example),
: so the definition of "competition" needs a fairly high degree of
: precision.
:
: I'm sure there are people out there who've fought this battle
: before, and I
: was wondering if any of you had some insight, or even some sample
: language.
:
: thanks,
: barneyb
:
: ---
: Barney Boisvert, Senior Development Engineer
: AudienceCentral
: [EMAIL PROTECTED]
: voice : 360.756.8080 x12
: fax : 360.647.5351
:
: www.audiencecentral.com
:
: ---
: Outgoing mail is certified Virus Free.
: Checked by AVG anti-virus system (http://www.grisoft.com).
: Version: 6.0.500 / Virus Database: 298 - Release Date: 7/10/2003
:
:
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