Legal Question in Technology Law in Arizona

Non Discloure Agreement Infraction

We are software developers a company in Phx purchased our software and signed all necessary documents, then they sold the company to another company in Phoenix, we asked the new owner to sign an Non Disclosure agreement and verbally and in writing told them there would be no modifications to our agreement, we rec the agreement back and signed by the new owner but they re-typed it and made changes anyway, two of the other corporate officers signed the non disclousre and did not mofify it, this person is in possssion of our software and still has not executed the non disclosure. You can clearly see that our document was re typed by the new owner and changes were also made without any consultiation with us,pls tell us what to do and maybe you can state the laws if any that were broken and pls leave telephone number in case we need to contact you to write a letter to this new owner, thanks and have a nice day


Asked on 11/01/02, 1:49 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Non Discloure Agreement Infraction

It is not clear to us that company #2 has any obligation to you. It would seem they are bound only by the terms of the agreement between company #1 and company #2, or, if licensing travels with the software, then the terms of the license. One would have to know what legal authority is present to compel a signature by company #2 on anything for you the developer, especially a non-compete, as there does not appear to be legal consideration for such an agreement from the facts of your post.

You may call if you wish to discuss the matter further.

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Answered on 11/01/02, 3:02 pm


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