At 03:54 PM 2/12/2002 -0800, Tony Karavidas wrote: >NDA doesn't mean you can't say it doesn't exist. You just can't talk about >it. If it did exist and I had it I could say "I'm beta testing IT right now" > >(Which I'm not) :)
The NDA, if one has signed it, covers all disclosures of confidential information. Whether the fact that one is beta testing anything at all is confidential or not is not clear from the agreement. If it is not clear, it isn't there. So I am now of the opinion that (1) If I'm not testing Phoenix beta, I can say so. I'm not. (2) If I *were* testing Phoenix beta, I'd be able to say that, unless I signed another NDA which prohibited it. If Protel informed me specifically that the fact of my testing was confidential, then it could be a violation of the NDA even as it stands, though it might be difficult to enforce because it could easily be argued, in defense, that the bare fact of my occupation in testing was not "information, whether written or oral, exchanged between them...," which is what is covered by the NDA. But I would strongly advise PAltium to get Phoenix into Beta as soon as possible. The program could be quite buggy as long as it does not regularly reformat the hard drive.... ;-) The fact that Phoenix is in beta release will generate excitement in anticipation, and I'm sure that Altium is aware of that. So it should not be secret. So I conclude that it is not in Beta yet. [EMAIL PROTECTED] Abdulrahman Lomax Easthampton, Massachusetts USA * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * To post a message: mailto:[EMAIL PROTECTED] * * To leave this list visit: * http://www.techservinc.com/protelusers/leave.html * * Contact the list manager: * mailto:[EMAIL PROTECTED] * * Forum Guidelines Rules: * http://www.techservinc.com/protelusers/forumrules.html * * Browse or Search previous postings: * http://www.mail-archive.com/[email protected] * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
