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Monday, July 29, 2013

WHAT IS A NON DISCLOSURE AGREEMENT (N.D.A.)?

WHAT IS A NON DISCLOSURE AGREEMENT (N.D.A.)?

Non-disclosure agreement

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A non-disclosure agreement (NDA), also known as a confidentiality agreement (CA), confidential disclosure agreement (CDA), proprietary information agreement (PIA), or secrecy agreement, is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties wish to share with one another for certain purposes, but wish to restrict access to or by third parties. It's a contract through which the parties agree not to disclose information covered by the agreement. An NDA creates a confidential relationship between the parties to protect any type of confidential and proprietary information or trade secrets. As such, an NDA protects nonpublic business information.
NDAs are commonly signed when two companies, individuals, or other entities (such as partnerships, societies, etc.) are considering doing business and need to understand the processes used in each other's business for the purpose of evaluating the potential business relationship. NDAs can be "mutual", meaning both parties are restricted in their use of the materials provided, or they can restrict the use of material by a single party.
It is also possible for an employee to sign an NDA or NDA-like agreement with an employer. In fact, some employment agreements will include a clause restricting employees' use and dissemination of company-owned "confidential information."

Contents

Types

A non-disclosure agreement may be unilateral or bilateral, that is it may bind only one party or multiple parties (typically two):

Unilateral NDA

A unilateral, or a one-way, agreement is where one party wants to disclose certain information to another party but needs the information to remain secret for some reason, perhaps due to secrecy requirements required to satisfy patent laws[1] or to make sure that the other party does not take and use the disclosed information without compensating the discloser.

Bilateral NDA

A bilateral, or mutual, agreement is where both parties will be supplying information that is intended to remain secret. This type of agreement is common when businesses are considering some kind of joint venture or merger.
Some practitioners insist on a mutual NDA in all cases, to encourage the drafter to make the provisions "fair and balanced" in case the drafter's receiving-party client later ends up as a disclosing party, or vice versa (not an uncommon occurrence)[citation needed].

Content

A nondisclosure agreement can protect any type of information that is not generally known. However, nondisclosure agreements may also contain clauses that will protect the person receiving the information so that if they lawfully obtained the information through other sources they would not be obligated to keep the information secret.[2][dead link] In other words, the nondisclosure agreement typically only requires the receiving party to maintain information in confidence when that information has been directly supplied by the disclosing party. Ironically, however, it is sometimes easier to get a receiving party to sign a simple agreement that is shorter, less complex and does not contain safety provisions protecting the receiver.[citation needed]
Some common issues addressed in an NDA include:[3]
  • outlining the parties to the agreement;
  • the definition of what is confidential, i.e. the information to be held confidential. Modern NDAs will typically include a laundry list of types of items which are covered, including unpublished patent applications, know-how, schema, financial information, verbal representations, customer lists, vendor lists, business practices/strategies, etc.;
  • the disclosure period - information not disclosed during the disclosure period (e.g., one year after the date of the NDA) is not deemed confidential;
  • the exclusions from what must be kept confidential. Typically, the restrictions on the disclosure or use of the confidential data will be invalid if
    • the recipient had prior knowledge of the materials;
    • the recipient gained subsequent knowledge of the materials from another source;
    • the materials are generally available to the public; or
    • the materials are subject to a subpoena - although many practitioners regard that fact as a category of permissible disclosure, not as a categorical exclusion from confidentiality (because court-ordered secrecy provisions may apply even in case of a subpoena). In any case, a subpoena would more likely than not override a contract of any sort;
  • provisions restricting the transfer of data in violation of national security;
  • the term (in years) of the confidentiality, i.e. the time period of confidentiality;
  • the term (in years) the agreement is binding;
  • permission to obtain ex-parte injunctive relief;
  • the obligations of the recipient regarding the confidential information, typically including some version of obligations:
    • to use the information only for enumerated purposes;
    • to disclose it only to persons with a need to know the information for those purposes;
    • to use appropriate efforts (not less than reasonable efforts) to keep the information secure. Reasonable efforts is often defined as a standard of care relating to confidential information that is no less rigorous than that which the recipient uses to keep its own similar information secure; and
    • to ensure that anyone to whom the information is disclosed further abides by obligations restricting use, restricting disclosure, and ensuring security at least as protective as the agreement; and
  • types of permissible disclosure - such as those required by law or court order (many NDAs require the receiving party to give the disclosing party prompt notice of any efforts to obtain such disclosure, and possibly to cooperate with any attempt by the disclosing party to seek judicial protection for the relevant confidential information).
  • the law and jurisdiction governing the parties. The parties may choose exclusive jurisdiction of a court of a country.
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4 comments:

  1. Thank you John,
    "INSIDE TRADERS BEWARE THE 99%"
    This confirms to me that the gurus have signed NSA letters.

    This definition states that if you sign a NSA letter you cannot share privileged information that is not in the public domain.

    There for the Gurus are watching all public announcements in the newspapers, UN, etc. for hints of the knowledge they are forced to keep secret.

    If there are hints in the public domain, they are safe to share or hint by association the behind the scene facts.

    I hope the gurus with their secret knowledge are truly smart enough to determine underlying agenda's in the processes happening behind the scenes.

    I hope the gurus who will personally prosper by this inside knowledge understand that what is being done is "INSIDER TRADING".

    "INSIDER TRADING" is illegal, and just because the Corporate Cabal Governments/Bankers are attempting to legitimize this process, and are possibly creating just a renamed debt based monetary system/Ponzi game, it is still "INSIDER TRADING" if the public is denied the same knowledge and benefits.

    The only way I can see them getting around this "INSIDER TRADING" issue is if every single person on this planet also equally benefits from this process done without their knowledge via a debt jubilee and equal cash/money in hand and a true credit based value exchange system.

    When all is done and all is known about what happened behind the scenes if it is found that the 1% slave masters have now been replaced with 5% slave masters and the rest of us are still slaves to a debt based exchange value system, there will in fact be RIOTS IN THE STREETS!

    Rgds,
    Silent Watcher

    ReplyDelete
  2. Hi John,
    Thank you for the NSA letters information.

    When all is done and all is known about what happened behind the scenes if it is found that by a currency reset and secret insider trading knowledge the 1% slave masters have now been replaced with 5% slave masters and the rest of us are still slaves to a debt based exchange value system, there will in fact be RIOTS IN THE STREETS!

    I say this because enough of us silent watchers are awake.

    I say this because enough of us understand that the people are the value behind all money and this value can be accessed with only a signature.

    I say this because enough of us understand how the debt based system takes our signature and out of thin air turns it into money. We know that for survival we are then forced into an illegal contract that transfers our personal values into the hands of the Bankers because we are forced by these illegal contracts to give our value over to the banks via repayment and they steal further of our value with usury interest, compound interest, service fees and taxing and licensing.

    I say this because enough of us are awake to know that we are being illegally contracted and having our values stolen and out of necessity to survive are forced into this illegal contracting if we want to use their monopoly money to exchange our values with others in order to physically survive.

    I say illegal contracting because a legal contract requires full disclosure, equitable terms, lawful terms and consensual signature of both parties.

    In the current debt based value exchange system contracting there is not full disclosure, there are not equitable terms, and there are not consensual signatures. They have passed illegal laws forcing us to contract/consent to Usury to survive.

    We know the facts now. This knowledge once known can never become unknown and we the people and silent watchers will no longer accept enslavement via capture of our values by illegal laws, illegal contracting, illegal theft of our values.

    The 99% are awake and aware.

    To the 1% insider traders and other insider traders be fully aware that WE ARE AWAKE AND SAY:

    "RETURN TO US OUR STOLEN VALUES!"
    "SET UP A TRUE VALUE EXCHANGE SYSTEM GIVING US THE ABILITY TO EXCHANGE OUR TRUE VALUES FOR CURRENCY NEEDED TO TRADE WITH OTHERS WITHOUT URSURY"
    "DO THIS OR GET OUT OF OUR WAY SO WE CAN CREATE THIS FOR OURSELVES!!!!!"

    There is a spiritual accounting for all that will manifest physically in this life or your next life. There is no escape from this spiritual accounting.

    You can run, but you cannot hide.

    Time to switch sides now from "Service to Self orientation" to "Service to other orientation"

    It is never too late to do the right thing!!!!

    PS: I am now inputting for the Gurus into the Public Domain that the St. Germaine trying to use his energetic signature to push the reset is not the real St. Germaine. That is why the reset is not working.

    When a true value exchange system is ready for one and all to equally access their true values without usury, the real St. Germaine will show up and his energetic signature will work to activate a reset for the benefit of all.

    Until this happens enjoy the lessons.

    Rgds,
    Silent Watcher

    ReplyDelete
  3. No matter what Government Officials say, any NDA or other document CAN NOT be considered in a Legal Court as confidential if it was for a Criminal Act, which if used by the rest of us was a Crime!

    ReplyDelete
  4. If this is true, Dan then why are the Gurus refusing to share information about a currency reset? All information regarding a global currency reset is of Public concern! Any secrecy done with or without signing a NDA that enable a small % of insiders to trade and prosper without the general public having the same benefits equals INSIDER TRADING.

    INSIDER TRADING IS ILLEGAL AND ALL WHO PARTICIPATE SHOULD UNDER COMMON LAW BE PROSECUTED.

    The Gurus should wake up and see this truth. Any secrecy regarding a global currency reset that does not equally benefit every person on this planet equally is ILLEGAL INSIDER TRADING!

    When the truth comes out, if the reset benefits the few knowing these secrets over and above the rest of the world's peoples then these Gurus are "PERSONALLY LIABLE TO THE REST OF HUMANITY FOR THEIR PARTICPATION IN UNLAWFUL INSIDER TRADING" ALONG WITH THE CRIMINAL CORPORATE GOVERNMENTS AND BANKERS resetting their PONZI GAME that steals our personal values and enslaves us with illegal contracting because we have no choice but to utilize their MONOPOLY MONEY to trade and exchange essential goods and services needed to physically survive.

    This big secrecy is no small laughing matter. To the world's people it is a survival of life or death situation.

    I challenge the Gurus to disclose. Dan states no legal court will uphold any NDA letter they have been forced to sign.

    The only reason not to disclose is fear of being caught participating in ILLEGAL INSIDER TRADING.

    So Gurus, if you are not participating in anything illegal, DISCLOSE TO US THE TRUTHS.

    ReplyDelete