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Crappy part of my new JOb... (New NDA signed today)


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Inventions, Ideas, Processes, and Designs.  All inventions, ideas, processes, programs, software, and designs (including all improvements) (i) conceived or made by Employee during the course of Employee’s employment with Company (whether or not actually conceived during regular business hours) and (ii) related to the business of the Company shall be disclosed in writing promptly to Company, shall be the sole and exclusive property of the Company, and shall be considered a work made for hire for the Company as that term is defined in §101 of the 1976 Copyright Act.  An invention, idea, process, program, software or design (including an improvement) shall be deemed “related to the business of the Company” if (a) it was made with equipment, supplies, facilities, or confidential information of the Company, (B) results from work performed by Employee for the Company, or © pertains to the current business or demonstrably anticipated research or development work of the Company.  Employee shall cooperate with the Company and their attorneys in the preparation of patent and copyright applications for such developments and, upon request, shall promptly do all lawful acts reasonably requested, at any time during and after employment by Company, without additional compensation but at Company’s expense.  The decision to file for patent or copyright protection or to maintain such development as a trade secret shall be in the sole discretion of the Company, and Employee shall be bound by such decision.  Employee shall provide, on the back of this Agreement, a complete list of all inventions, ideas, processes, and designs if any, patented or unpatented, copyrighted or non-copyrighted, including a brief description, that the Employee made or conceived prior to Employee’s employment with the Company and that therefore are excluded form the scope of this Agreement. 

Crappy job wants all my ideas....

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Inventions, Ideas, Processes, and Designs.  All inventions, ideas, processes, programs, software, and designs (including all improvements) (i) conceived or made by Employee during the course of Employee’s employment with Company (whether or not actually conceived during regular business hours) and (ii) related to the business of the Company shall be disclosed in writing promptly to Company, shall be the sole and exclusive property of the Company, and shall be considered a work made for hire for the Company as that term is defined in §101 of the 1976 Copyright Act.  An invention, idea, process, program, software or design (including an improvement) shall be deemed “related to the business of the Company” if (a) it was made with equipment, supplies, facilities, or confidential information of the Company, (B) results from work performed by Employee for the Company, or © pertains to the current business or demonstrably anticipated research or development work of the Company.  Employee shall cooperate with the Company and their attorneys in the preparation of patent and copyright applications for such developments and, upon request, shall promptly do all lawful acts reasonably requested, at any time during and after employment by Company, without additional compensation but at Company’s expense.  The decision to file for patent or copyright protection or to maintain such development as a trade secret shall be in the sole discretion of the Company, and Employee shall be bound by such decision.  Employee shall provide, on the back of this Agreement, a complete list of all inventions, ideas, processes, and designs if any, patented or unpatented, copyrighted or non-copyrighted, including a brief description, that the Employee made or conceived prior to Employee’s employment with the Company and that therefore are excluded form the scope of this Agreement. 

Crappy job wants all my ideas....

Highlighted important points here...

A: Don't write software at work, or on their equipment, even if you are at home.  Don't look up stuff for your personal software, on their equipment.

B: Don't write software that uses logic you have pulled from a program you are working on for them.

C: They have to show that AHEAD of time, they had potential research "anticipated" or invested in something you are doing.  You cannot begin writing software, and suddenly they decide to research it, or write software that would put you in violation after the fact.

You can fight stuff like this, but sadly it is the one with the most money who will win a suit like this.  Just flat out refuse to sign it, and explain that you write personal software for yourself, and anything you do on your personal time, at any time, you feel they would try to say they owned it.  There are ways around having to sign stuff like this.  If they tell you that you don't have a job if you don't sign, then that is their call.  But they cannot force you into a contract, after the fact, regarding your employment.

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  • 1 month later...

The only thing you need to be aware of is, "[...] and (ii) related to the business of the Company [...]". As long as your personal projects aren't related to your job and you don't use company equipment (like their computer, or software licenses), you're fine. This is pretty standard for a non-compete.

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  • 1 month later...
On 7/18/2016 at 1:14 PM, PhenomenalDev said:

@Blue Basically it says don't make your game on our stuff and don't steal their ideas or software kinda standard I think :-X

 

 

Yea that pretty much sums it up. Since I work at home the NDA is pretty much useless. Well other than me not talking and giving out code to people.

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