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I have developed a new product for a long standing problem! I have gone to my first potential customer that I trusted... Unfortunately, once they were shown the "idea" / new product, they have decided to stop communication with me and I have learned they in the process of constructing the product themselves (no NDA was in place). Well, lesson learned (even with known individuals). Apparently, money rules over everything! I would like to ask if there are NDA's that relate specifically to this kind of situation which would prevent the potential customer from: self constructing, or entering into a relationship with a 3rd party to construct based on my product that was presented to them.. Further, this instrument should be "friendly" to the potential customer so as not to inhibit the initial presentation.... thanks in advance for your consideration!

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NDA is a non-disclosure. I don't think that protects from someone writing their own software... – TimJ Jun 12 '10 at 2:19

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Sorry but you made the mistake and no reasonable legal agreement would have protected you.

Now, you are overreacting. The agreement you are looking for would never be signed by anyone.

How come, if you knew people at that company, did you not realize that they were already implementing something similar to your product? And if they are, do you really believe that the info you gave them made a difference? It's way less likely than you think.

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A good NDA will provide the basic protection that you are seeking, because it prohibits use of the confidential information for any purpose other than a working relationship with you. Sample mutual and unilateral NDAs are available on my blog's Downloads page.

I'm not sure whether it's relevant in your case, but you might find Securing IP Requires More than an NDA helpful.

Disclaimer: This post does not constitute legal advice and does not establish an attorney-client relationship.

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This typically only protects one if the information is not publicly available, right? So I would imagine since it was a long-standing issue and the customer HAD the problem, they could just write their own. – TimJ Jun 12 '10 at 2:21

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