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>I'm reasonably confident that Swiss law doesn't allow for a clause to force me to work without compensation, and I'm quite confident that local law does not re
by nairboon 8y ago
>I'm reasonably confident that Swiss law doesn't allow for a clause to force me to work without compensation, and I'm quite confident that local law does not regardless of what Swiss law says.
Yes, this is not a valid clause.
> The indefinite NDA though strikes me as legally valid,
There isn't a indefinite NDA,
>"The expiry or termination of the Agreement shall not affect the
validity of the obligations of the Researcher entered into under
the Agreement (including but not limited to the Fair Use
Restrictions, the Reporting Procedure and the Responsible
Disclosure)."
With the termination of the Agreement, the contract is void, these obligations can't be prolonged. There is only an exception for trade secrets which will continue even after a work contract. But this is no work contract. And second there are no trade secrets in here.
Anyways the whole agreement is fuzzy, this clause
> "The Owners grant access to the EV Solution Source Code in the
Program to the extent required by the (Swiss) Federal
Chancellery Ordinance on Electronic Voting (“the Ordinance”)
(1). No part of this Agreement shall be construed as to provide
surpassing rights or to permit its use for other purposes. "
gives full public access, with no strings attached. The later clauses are contradictory to this one.
- gpm 8y agoThis is part of the reporting procedure/responsible disclosure, and thus lasts past the end of the agreement. It is an NDA. It can be extended indefinitely by the owners without my consent. > No Vulnerability shall be published within a period of forty five (45) days since the last communication exchanged with the Owners with regards to such potential Vulnerability, unless the Owners have agreed to a shorter period or defined a longer period. The later clauses being contradictory is an interesting point, but not one I would want to personally litigate.