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not legal advice, just pointing to important parts

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Jul 25th, 2016
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  1. NOTE: I AM NOT A LAWYER, AND I AM NOT WELL VERSED IN CALIFORNIA LAW. USE CAUTION!
  2.  
  3. 3F is important. Trade secrets include anything that they are trying to keep secret and is of economic value. Can be quite wide, so be careful here.
  4.  
  5. Consultant agrees that all right, title, and interest in
  6. and to any ... developed or reduced to practice by Consultant ... during the term of this
  7. Agreement and arising out of, or in connection with, performing the Services under this Agreement and
  8. any copyrights, patents, trade secrets, mask work rights or other intellectual property rights relating to the
  9. foregoing (collectively, “Inventions”), are the sole property of the Company
  10.  
  11. This is the important part (4A), not because it is the meat of the contract, but because it's the easiest to breach/be screwed over.
  12. arising out of / in connection with can be interpreted very widely, and although I'm sure that the courts would be sympathetic if you did some barely tangential work, being able to win a lawsuit isn't anywhere as good as avoiding them in the first place
  13.  
  14. as I said yesterday, document your own work (Github has logs, right?). If you work on some big project on the side, let your employer know and make sure they are fine with it (I suspect that they will usually be casual and say it's okay and don't be paranoid. Have that on paper/recorded)
  15.  
  16. Following 4C literally will be a pain in the ass. Don't use proprietary software without asking them, and send them a list of open-source libraries you used.
  17. Thankfully, you are probably not writing a software library for them, but only consulting, no?
  18. if you don't deliver some product, this is less of a hassle
  19.  
  20. 5C
  21. err..... what?
  22. I am not very familiar with US law, so take this with a grain of salt
  23. No clue what would constitute "substantially similar" in legal jargon, but I am under the impression that this reads like a non-compete, and those are not valid in California (even though this one may be quite narrow).
  24. talk to your employer about this
  25. have the results in writing
  26.  
  27.  
  28. 6. Woo! Reports are considered Services!
  29.  
  30. 8. As a contractor, you have limited labour rights
  31.  
  32. 9 (ii) not sure if that's enforceable, otherwise Uber drivers won't sue.
  33.  
  34. 10 You aren't allowed to encourage others to not work for them. How curious.
  35.  
  36. 11 Fuck this clause. Not sure if enforceable in California.
  37.  
  38. Ditto for 12A. If this holds, you only get to arbitrate (the mediator will probably be a neutral party)
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