Ugovor o zabrani preotimanja (ili preuzimanja) korisnika i cuvanju poslovne tajne

Non-Disclosure Agreement - Ugovor o cuvanju poslovne tajne. Termin je u ucestaloj upotrebi.

Videti na pr.:
http://www.danas.co.yu/20030218/vojvodina.htm

Sto se tice dela Non-Circumvent(-ion), evo objasnjenja na engleskom. Prevod je moj:

http://www.phoneplusmag.com/articles/251TAG.html

The carrier may own the customer on paper, but the de facto owners are agents. Agents have the relationships, and customers sign with providers on agent recommendations. But carriers go out of their way to restrict agents' power of influence on client decisions, even going so far as poaching customers.
"Agents need a non circumvent clause," says Neil S. Ende, a partner at Technology Law Group LLC.
This provision prevents vendors from rejecting customers brought by agents, only to go after them on the direct side. "They'll use your list as a marketing list," warns Ende. "They should agree that if they reject the customer they can't go sell that customer some other way."
Another route to protection is confidentiality, with a clause establishing agents' customer names as private. "They can't go around you because the info itself is confidential," says Ende.

Evo kako glasi klauzula u ugovoru:


5. Non-circumvention. For twelve (12) months after the effective date of this Agreement, the Receiving Party and its officers and directors, separately and individually, will not make any effort to circumvent the terms of this Agreement in an attempt to gain the benefits or considerations granted to it under the Agreement by taking any actions to indirectly gain the benefits of the Confidential Information, including but not limited to contracting directly with any client of the other party which Disclosing Party has identified as having access to the Confidential Information, or (b) hiring or contracting with any present or future employee or independent contractor of Disclosing Party.

http://www.weikertonline.com/NDA_BLANK_Nov_2002.rtf