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Yes, non-compete clauses have to be written very carefully, and quite narrowly, to be enforceable. Courts will generally require that both the time and the extent of the prohibited employment be reasonable. Guidelines I have read suggest that a duration of more than about 6 months is likely to be enforced only in very unusual circumstances. Similarly, prohibiting employment in a substantially identical position for a direct competitor in the same immediate geographical area will probably stand up; prohibiting any employment in the same industry anywhere in the country certainly wouldn't.
The way terms and conditions are dealt with for software has made them virtually unenforceable, anyway -- the fact that major points are not made clear to buyers before they purchase software invalidates most of the cr@p that idiots add thinking "It's in the ToS, so it's LAW!"
There have been many, many cases where ridiculous terms have been declared unlawful by courts (you're not allowed to jailbreak your iphone, eh?).
I remember when buying my last house I signed a code, covenants, and restrictions agreement. Among the terms was the committee was responsible for maintaining common areas. After a year of waiting I started working on it. Ten years later the committee removed that covenant without asking me, then they came to me about a covenants restriction I wasn't obeying. I told them I'll continue paying the yearly dues even though our agreement became null and void the second they changed the agreement without getting me to sign the change of terms. They lost the right to tell me anything I have to do because of that agreement and we can let lawyers determine if I'm wrong or not. Never heard back from them about my "violation".
"Your" agreement seems like an agreement to let them build a back-door into your computer and make any change to any software they want without your knowledge or consent.
What constitutes a valid term depends not only on what you have agreed, but also on the legislation by the parliament and common law principles established by the court. ( Suppose it is within the common law world's jurisprudence ).
I think :
Generally the terms cannot be changed after the contract is formed, once there is change in terms one must communicate to another party. The later must agree in order to form a 'new contract' if the term is 'important'.
A father asked his 10-year-old son if he knew about the birds and the bees.
"I don't want to know," said the child bursting into tears. "Promise me you won't tell me."
Confused, the father asked what was wrong.
The boy sobbed, "When I was six, I got the 'There is no Easter Bunny' speech. At seven, I got the 'There is no Tooth Fairy' speech. When I was eight, you hit me with the 'There is no Santa' speech. If you are going to tell me that grown-ups don't really get laid, I'll have nothing to live for."
This is a tool to help developers to manage their personal information, knowledge, code snippets, mails, schedule, etc. You can use this tool to share your knowledge with your friend who use this same tool.
If anybody is interested this tool please send send a message to me, I will give you download link, also I hope you will tell me your advise to help me make this tool better.
Write an article about it - that's what we do here at the Code Project!
Anything that is unrelated to elephants is irrelephant Anonymous ----- The problem with quotes on the internet is that you can never tell if they're genuine Winston Churchill, 1944 ----- I'd just like a chance to prove that money can't make me happy. Me, all the time
I do believe you google information and get knowledge from internet. You can use this tool to collect knowledge, code snippets, web page or write down your own article. All of them must be helpful or important for you sometimes because you collected them. To share these stuff is better than you google same thing directly.
"friends" does not mean your friends on your contact list. You can use this tool find people and build relationship.
So what you are suggesting is a tool that assists in plagiarism?
Isn't that what CP articles do if you use their ideas and claim original product for "my" work? The colleges are happy to spend money on software that determines a student's "work" is plagiarism, so that seems a prevalent tendency now.
If something has a solution... Why do we have to worry about?. If it has no solution... For what reason do we have to worry about?
Help me to understand what I'm saying, and I'll explain it better to you
Rating helpful answers is nice, but saying thanks can be even nicer.
Last Visit: 31-Dec-99 18:00 Last Update: 21-Oct-16 8:17