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

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