NDA Agreement

NON-DISCLOSURE AGREEMENT

THIS NON-DISCLOSURE AGREEMENT (this “Agreement”) is made and entered into as of 11/26/2008 between Antagonist, Inc., having its place of business at 836 Chalcedony St. (“Company”) and [company 2], having its place of business at [Address]
Purpose: Company and [company 2] wish to explore a business opportunity of mutual interest and in connection with this opportunity wishes to execute this Non Disclosure Agreement (“Agreement”).

1. Confidential Information: Confidential information means any information disclosed to by one party to the other, either directly or indirectly in writing, orally or by inspection of tangible or intangible objects, including without limitation documents, business plans, source code, software, documentation, financial analysis, marketing plans, customer names, customer list, customer data. Confidential Information may also include information disclosed to a party by third parties at the direction of a Disclosing Party. Confidential Information shall not, however, include any information which the Receiving party can establish (i) was publicly known and made generally available in the public domain prior to the time of disclosure; (ii) becomes publicly known and made generally available after disclosure through no action or inaction of Receiving Party; or (iii) is in the possession of Receiving Party, without confidentiality restrictions, at the time of disclosure by the Disclosing Party as shown by Receiving Party’s files and records immediately prior to the time of disclosure. The party disclosing the Confidential Information shall be referred to as “Disclosing Party” in the Agreement and the party receiving the Confidential Information shall be referred to as “Receiving Party” in the Agreement.

2. Non-use and Non-disclosure: The Receiving Party agrees not to use any Confidential Information for any purpose except to evaluate and engage in discussions concerning a potential business relationship between the parties hereto. Receiving Party agrees not to disclose any Confidential Information to third parties or to its employees, except to those employees who are required to have the information in order to evaluate or engage in discussions concerning the contemplated business relationship. The Receiving Party shall not reverse engineer, disassemble or decompile any prototypes, software or other tangible objects which embody the Disclosing Party's Confidential Information and which are provided to the Receiving Party hereunder.

3. Maintenance of Confidentiality Information: The Receiving Party agrees that it shall take all reasonable measures to protect the secrecy of and avoid disclosure and unauthorized use of the Confidential Information. Without limiting the foregoing, Receiving Party shall take at least those measures that Receiving Party takes to protect its own most highly confidential information and shall have its employees, if any, who have access to Confidential Information sign a non-use and non-disclosure agreement in content substantially similar to the provisions hereof, prior to any disclosure of Confidential Information to such employees. The Receiving Party shall not make any copies of Confidential Information unless the same are previously approved in writing by the Disclosing Party. The Receiving Party shall reproduce the Disclosing Party’s proprietary rights notices on any such approved copies, in the same manner in which such notices were set forth in or on the original. The Receiving Party shall immediately notify the Disclosing Party in the event of any unauthorized use or disclosure of the Confidential Information.

4. No Obligation: Nothing herein shall obligate either party to proceed with any transaction between them, and each party reserves the right, in its sole discretion, to terminate the discussions contemplated by this Agreement concerning the business opportunity.

5. No Warranty: ALL CONFIDENTIAL INFORMATION IS PROVIDED “AS IS”. NEITHER PARTY MAKES ANY WARRANTIES, EXPRESS, IMPLIED OR OTHERWISE, REGARDING ITS ACCURACY, COMPLETENESS OR PERFORMANCE.

6. Return of Materials: All documents and other tangible objects containing or representing Confidential Information and all copies thereof which are in the possession of Receiving Party shall be and remain the property of the Disclosing Party and shall be promptly returned to the Disclosing Party upon the Disclosing Party’s request.

7. No License: Nothing in this Agreement is intended to grant any rights to either party under any patent, mask work right or copyright of Company, nor shall this Agreement grant Receiving Party any rights in or to Confidential Information except as expressly set forth herein.

8. Term: This Agreement shall survive for a period of 3 years from the date of disclosure of the Confidential Information.

9. Remedies: The Receiving Party agrees that any violation or threatened violation of this Agreement will cause irreparable injury to the Disclosing Party, entitling the Disclosing Party to obtain injunctive relief in addition to all legal remedies.

10. Miscellaneous: This Agreement shall bind and inure to the benefit of the parties hereto and their successors and assigns. This Agreement shall be governed by the laws of [name of your state, country], without reference to conflict of laws principles. This document contains the entire agreement between the parties with respect to the subject matter hereof. Any failure to enforce any provision of this Agreement shall not constitute a waiver thereof or of any other provision hereof. This Agreement may not be amended, nor any obligation waived, except by a writing signed by both parties hereto. Any and all disputes arising under or related to this Agreement shall be adjudicated exclusively in CA, USA. The parties have executed this Nondisclosure Agreement as of the date first above written.
Your Company Name. [Company 2] By: ___________________ By: Name: ________________ Name: Title: _________________ Title: Date: _________________ Date:

Wall exchange

This is from Facebook with fellow blogger (http://donzisbasement.blogspot.com)and Lehigh alumni Don Fanelli:
Don has to stop paying to hear Burning Down the House at bars.

Marty Jenkinsat 12:47pm November 26
I can't decide if you are a monster or a saint...a saint for playing that song, or a monster for not paying to hear it anymore.

Don Fanelli at 1:52pm November 26
i am a monster, with the heart of a saint

Marty Jenkins at 2:40pm November 26
I think it would be cooler if you were a monster with the still beating heart of a saint in your hands. Alternatively, you could be the patron saint of monsters, grunge rock, and soft drink straws that aren't long enough for the cup you are using it on (which is inherently monstrous).

I think Don is a great writer, and his blog is interesting, I wish he would write more.

Guess what I did today

Today I got to play with $3,280,191K dollars, or 3.28 Billion. What did you do today you layabout? Did you watch the news? Make breakfast? Sit at your desk and watch the clock? You make me sick. How about you call me when you play with more then $100 Million in a day. Punk!

My core, is sore

If you are drawn into a class,
And they want you to flex your abs.
Run as fast as you can the other way,
If you don't you will have to stay.

If you stay you will have to work,
Then you will feel like a fat jerk.
The pretty girls they all will scowl,
As you sweat right through your towel.

The gay instructor he will chuckle,
As your knees continue to buckle.
When you sit there, like a whale,
Others succeed while you fail.

At the end you will be a pile,
That will match your self exile.
Fifteen minutes will have past,
And you'll wish you were a ghast.

Then you feel sore when you arise,
Oh god I can't move my thighs.
But then you feel like a geek,
And realize you'll be back again next week.

Commonalities

You know how sometimes you hear something random, and then something links that random reference or whatever again soon. You know like, you hear a really odd cultural reference on a show or something, and then someone brings up that same random cultural reference in conversation that is completely unrelated, or you read a news article that also references it. I guess I should explain in much more detail what I'm talking about since the previous two sentences didn't make any sense (which is about par for the course in my writings ha ha ha). I was watching 'Califonication' on Monday and during the show Fox Mulder's character made a reference to Harry Chapin's famous song "Cat's in the Cradle" about the cycle of father son relationships and how there is a common error in that father's don't spend enough time with their sons until it is too late. Anyway I saw that reference and then this week 'The Onion' had this article: http://www.theonion.com/content/opinion/if_only_someone_had_written_a Kinda odd coincidence perhaps. But on Tuesday someone at work was telling me about how fast his kid was growing up and he said something about Harry Chapin being right. It's likely that all three of these events are completely unrelated since I doubt the folks at 'The Onion' knew that a episode of some TV show would make a similar reference as they did since they were probably made so far apart, and I'm not discounting that this co-worker might have seen either of these, it's just unlikely that he would, especially given that they are somewhat obscure media outlets.

It's odd that I would hear about that song 3 times in a week, kinda creepy in a way. But that is the way of people, I think your mind can hang on to little reminders or things that have risen to the forefront of your mind. Maybe if I hadn't of recognized or seen 'Californication' I wouldn't have picked up on the other two references. Maybe I would have moved any thoughts of that song to the back of my head never to think about them again until I heard the song on the radio or something, and who knows maybe I would get like 5 or six random tie ins to that song when that would happen. I guess what I'm trying to say (poorly) is that sometimes random things can bring buried memories back to life. And once those things are brought back you begin to notice them more, or pay attention to them more when they were in plain sight to begin with. Which is why I'm going to start thinking about space lazers, and maybe by random coincidence I'll somehow learn to make said lazers, and shoot them at people's cars when I need a parking spot.

The other common theme of this week was people I haven't talked to in forever asking me if I was flying back to Pennsylvania for the big Lehigh/Lafayette game. I don't talk to many folks from Lehigh, partly because I'm terrible at staying in touch, but partly because I was extremely disliked (for good reasons) while I went there. So it's somewhat odd to me that suddenly I get a couple phone calls and a bunch of e-mail asking if I'm coming back. It's not that I've had no fun the last couple times I went back, which is now over a year ago. It's just that, at this point all the people who were with me at school have graduated now, my sister who started the year after I left is a senior! So weird. But I'm not sure if I went back what it would be like, would it be cool or would I just feel kinda like a dork. Although maybe if I was seeing old friends it would be kinda cool, the problem is that I've really changed quite a bit from when I was in school, and for the most part that's not what people see. People see the 20-22 year old Martin who was a different person. It's somewhat tough to react to roles and things that no longer suit you, I don't really like it, but I also don't spend enough time talking to or hanging out with people so they can see how I've changed. I think I just need to wear a space suit the next time I go to one of these things. I've been dwelling a bit on space…hmm

Instead of going to the ole alma mater, I'll be meeting a bunch of strangers at a bar near my house for some Alumni get together on Saturday morning. Should be interesting, but I'm curious as to why I feel a bit nervous about it. I shouldn't, heck I graduated (barely) it shouldn't be cause for nervousness right?

Coupons and co-workers

This is an old post from my time at ONR I decided to publish the funny thing is that this still very much applies to SPAWAR and I'm sure the reaction will be the same when my mom comes to work with me in the beginning of December:

My co-workers are aware that I'm a youngish 20 something with no girlfriend or mother to look after me and therefore the reasoning goes I must not be able to fend for myself when it comes to food. I'm also the only young male of that age in the office so for all the women in the office that have children who have moved out, they see me as an opportunity to get some of that last minute parenting in. Normally the perks are tremendous, don't want their piece of cake? Give it to Marty. Didn't want those chips they got at lunch? Give it to Marty. Haven't mothered someone in a little while, Marty! Actually the mothering is quite cute, they all take an interest in what I eat, who I date, what I do on the weekends, my hair, my posture etc etc. It's like being at the office with 8 mothers every day (sometimes it's a living hell).

When I first got here my mom had just moved to Bahrain, and upon finding this out all of the would me surrogate mothers in the office took my collectively under their wing. It was as if my own mother had never left! But when my mom came to visit me and I brought her to the office the attitude became palpably cold. Sure there were smiles all around, but you could just see my office moms thinking, "Oh, so you're the negligent mother who left her son alone to fend for himself, look who showed up late to the party." It was really funny how the all fluffed up their feathers, but it was quite entertaining and cute. It eventually led to more mothering once my mom left the office.

The coupons thing is great though, because it doesn't even have to be the mother's who gives me coupons. See all the people in my office get coupons in the mail they can't use, for restaurants or food deals or something that they have no use for but think that a 25ish year old could use. So I get all these coupons that suit me just fine because I would never actively seek them out. So I get free stuff or discounted stuff all the time and it's the generosity of my co-workers that allows it to happen, they are so thoughtful! It's especially striking because sometimes they will give me the same book of coupons, which means two or more people had the exact same thought when they were going through their coupon mail..."Hey Marty could probably use this!" It's nice sometimes that they are considerate enough to think of me, or maybe they are trying to fatten me up to cook me! AHHHH!

This is what happens and you are tired and don't realize you are posting on the wrong blog

This was supposed to be for here: http://fatkidmusings.blogspot.com/ but I screwed that up so the two people who read this can just skim over it or not.

First I'd like to apologize to last week, it was lower then even my low standards of excellence have come to accept, I will never again work nursery stories or fables or whatever into my column, not by the hair on my chinny chin chin. I will also need to stop making guarantees, after this one: The only guarantee that I will make is that only things that can disappoint me will happen ala Penn State making me sad. That was the worst pass interference call of all time. The refs hate Penn State. So if we apply the logic that only things that disappoint me will happen then you will see Utah, Boise, and Ball State all lose, Penn State doesn't go to a BCS game, and Ohio State somehow leapfrogs it's way to the title game against Alabama and afterwards, when Alabama has won, they both decide to join one another to form THE University of Alabama State Crimson Buckeyes, and they higher Bobby Petrino as their QB's coach and Chuck "The Chest" Amato becomes their linebackers coach. Then they make a law that there can never be a playoff and furthermore all non-BCS conferences will not be eligible for BCS games. Then they will outlaw the option and mandate scholarships for all football teams. To switch topics really fast I may be completely wrong minded about this but I think that losing to a lesser opponent is less of a deal then losing to a big name. Take Oklahoma and Texas, and then USC, Penn State and Florida as examples. The last three got caught in trap games where they lost, barely, and they have won handily every other game they've played. Whereas Texas and Oklahoma both lost to quality opponents and they have beaten all the lesser teams they've played. But in my mind I grade them as worse losses then the three teams that got trapped. Am I just dead wrong about this? Probably. Lastly, Why couldn't Penn State not just win out? I mean how many times do they have to get jobbed by the refs in their one loss? The last time they did it granted it was during the Texas/USC national title game but still. Anyways, this week has a pretty weak slate of games, we're talking puppy dog weak, which in football is not nearly as cute and cuddly.

"I gotta admit that I am fairly disappointed with LSU this weekend. They certainly played a great game against a great team, but I just cannot believe that a Les Miles coached team has dropped a 3rd conference game. I expected them to come out and take it to Alabama. I guess this means that LSU is really down this year as a team.
Look for Florida to show up in the national championship game. There is no player in the land more focused and more determined than Tim Tebow right now. They are really spreading the ball around this year, so he may not put up Heisman numbers, but no QB in the nation leads an offense like Tim Tebow. Urban Meyer has these guys poised to make a run. Florida versus Alabama for the SEC title and the right to play for a national championship. The upcoming weeks should be fun! - Darius"
LSU I think is just missing that killer instinct. There is no way they should have lost 3 conference games, and they got blown up by Georgia, a team that I haven't thought was that good all year. So we'll see what happens, it's certainly going to be exciting. I'm not so sure about Florida either.

"So the number 1 team in the nation goes to a place where they have given up over 50 points twice and have no QB and needs overtime to win and that guarantees them to go undefeated in your mind? No way, The Fighting Tebows are going to knock them of in Hotlanta. Texas Tech is ridiculously good on offense and I think their offensive line should win the heisman. I am serious, why shouldn't they? Graham Harrell could take a nap in the pocket wake up make pancakes and the complete 75% of his passes without anyone breathing on him.- Forrest"
They are good, but he's going to need to squeeze some fresh orange juice with those pancakes, and what about making a sandwich for later? I want to see them beat Oklahoma in Norman, and then I'll have faith. LSU may have gotten blown out.in those other two games but they were a couple plays away from being very very close. So in a way my perception of Alabama has changed so that I actually think they have a chance to go undefeated the rest of the year. They took everything LSU had to offer and still won.

Games:
#25 South Carolina at #4 Florida - Lots of people have said that they think Florida has a great shot to get to the national title game if they can beat Alabama. Well it's not quite so simple, first they have to beat the Gamecocks and former Florida coach Steve Spurrier, who has won only once in the three times he's played Florida, but he's kept the games interesting every time, so who knows what the "Ole Ball Coach" has cooked up, maybe some pizza! South Carolina is lead by QBs Chris Smelley and Stephen Garcia, who split time at the position last week, Garcia is a better athlete while Smelley is a better student of the game, which basically means he's bad but he knows the offense. The Florida Gators, are of course lead by former Heisman winner Tim Tebow who is as much a threat to run as he is to pass, and WR/RB/Butcher/Baker/Candlestickmaker Percy Harvin. This game is billed as the South Carolina defense versus the amazing Fighting Tebows offense, and although the Gamecocks might have the better defense, their offense is severely lacking and the last time I checked (last week) the Gators defense was pretty darn spiffy themselves. What confuses me is how a 7-3 team who hasn't beaten any ranked teams this year is back into the top 25? The only winning teams they've beaten were Wofford, who is a division below them, and they only won by 10 points, and umm Kentucky and Ole Miss both of whom have padded their schedules for the most part more then my sister padded her bra in middle school (although to be fair Ole Miss did beat Florida, but I wanted to make that joke work). But enough run on sentences. Florida has the firepower, they have the will power, and they have the…power power? Florida should win this game with ease, which would set them up for a final 2 games against Florida State and then Alabama in the SEC title game, hopefully for all the marbles and a chance to play for the BCS title.

The ACC - Rather than talk about all these games individually, I thought I would just have a quick prospective on the nation's most confused conference. As of now the ACC is still completely wide open with 9 teams that could possibly win the conference. In the Atlantic you have Florida State, Wake Forest, Maryland and even Boston College who could win that part of the conference and end up in the title game. On the coastal side there's North Carolina, Virginia Tech, Georgia Tech, Virgina, and Miami who could all with the conference, so basically as long as you don't go to Duke you are still in this thing. I can't tell you the ins and outs of who needs to win what and go dancing with whom while somebody else gets stood up for a lunch date to win it all. The only thing I've been able to learn is that Boston College, Maryland, and Virginia Tech all control their own destinies and if they win out they are in. It's a confusing league, with a plethora of possibilities and trying to predict what is going to happen is like herding cats, or trying to control a rambunctious puppy. Noth Carolina plays Maryland this week and all I can tell you is that Maryland is the least consistent team in the country, winning all their games against ranked opponents but getting stomped by Middle Tennessee State and the two big schools from Virginia. So if you go by that trend then the Terrapins are going to beat the 16th ranked Tarheels. Thursday night the VT Hokies play at Miami, a venue which has traditionally cause much stress and heartbreak for Tech fans, but who knows this year. A black cat could run across the field when Miami has the ball and then an errant pass gets intercepted by the ball boy who takes it to the house for 42 points and a Tech win. All possibilities are open, we just have to hope that there aren't any holes in the fabric of the universe during that game. BC also plays at Florida State in prime time, for that game I predict the Cinncinnati Bengals will be victorious.

Harvard at Pennsylvania - In the old nasty haunts of Franklin Field in Philadelphia these two Ivy league foes will face off to determine who will be most likely to take second place in the conference. Both teams lost to Brown so if Brown wins out then they would win the Ivy league. But that doesn't take away from this game, where the 5-3 Quakers face the 7-1 Crimson. Harvard are lead by Senior QB Chris Pizzotti who's highlights this year include him paying off the refs against Lehigh, and that time the guy he wanted to win the presidential election won. Penn on the other hand are lead by their defense, and a reasonably stout running game that goes for about 100 yards a game. As in all Ivy league games, this contest will be a game of wits, grit, strategy, grade inflation, and undersized athletes. If Harvard puts up over 27 points the game is won, because Penn has not once this year broken the 27 point barrier. Harvard has beaten most everyone Penn lost to pretty easily, so I look for the Crimson to roll in this game.

There aren't really too many other games that stick out to me as really sexy to watch. Which usually means there are going to be upsets, could be in any number of games but if I had to guess I'd go with these:
Mississippi State at #1 Alabama - Alabama is going to lose a game this year or so help me I will get a tattoo of Nick Saban on my chest
#6 USC at Stanford - A terrible Stanford team shocked USC last year, is this team terrible enough to be overlooked by USC?#
7 Utah at San Diego State - You don't just come in here and try to enjoy our beautiful weather without paying for it…oh you do, everyone does…ok then have fun then, get a fish taco.
#9 Boise State at Idaho - Boise is in the unenviable position of bing behind Utah in the rankings, which means if they both go undefeated then only Utah is guaranteed a spot in a BCS game.
#3 Texas at Kansas - If Kansas hadn't lost to Nebraska last week I would have wrote about this game, but they did and I'm lazy so you know how that goes.