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Please use this information to answer questions 1-14 below:

Sandy Sound is the CEO of Sound Software Inc., a U.S. based software developer. Sandy routinely signs confidentiality agreements (also known as nondisclosure agreements or NDAs), assuming they are all the same. Now, Sandy has hired Carol, a new CTO. Carol wants to be sure her team knows about NDAs and complies with the NDAs Sound signs. Carol has looked at signed NDAs on recent projects and interviewed project teams and IT staff. Carol has asked for a meeting with Sandy and the in-house legal team to discuss the NDA and the actions of Sound employees on Sounds project for Bricker Beverages. The full NDA with Bricker reads:

The Parties agree not to disclose Confidential Information to anyone other than those of its employees and subcontractors that need to know the Confidential Information to perform the purpose of this Agreement and who have signed a confidentiality agreement binding them to the terms provided here. Each Party agrees to protect the Confidential Information of the other Party, using no less than the care it uses to protect its own Confidential Information. Confidential Information means proprietary and confidential information relating to the business, customers, finances, marketing, products, intellectual property and such other information as the receiving party should understand to be confidential. At the close of any project covered by this agreement, each Party will return or destroy all copies Confidential Information received from the other party, at the other partys direction. This agreement will remain in effect for Confidential Information for three years from the delivery of the Confidential Information.

Carol reports the facts below. In view of the facts Carol reports, please identify if each statement is true or false. (28 points total)

Question 8

Bricker never wrote or called to instruct Sound to return or destroy all copies of Brickers Confidential Information after the project was completed. Therefore, all of the files received from Bricker remain in Sounds servers. Sound was permitted to keep them, so this is not a problem for Sound under the confidentiality agreement.

Group of answer choices

True

False

Flag question: Question 9

Question 9

Sound replaced the servers that contained the Bricker data and returned the servers to the vendor without deleting any data. This transaction took place four years after Bricker delivered its Confidential Information to Sound. By returning the servers without deleting the Bricker data, Sound breached the confidentiality agreement.

Group of answer choices

True

False

Flag question: Question 10

Question 10

Sound regularly trains its employees to protect information of clients that is marked Confidential. This was adequate training to meet the requirements of the Bricker confidentiality agreement.

Group of answer choices

True

False

Flag question: Question 11

Question 11

Carol found that Sound employees who needed to know Bricker Confidential Information also used that information for a project those employees worked on for another client. She was correct that this was permitted under the NDA with Bricker.

Group of answer choices

True

False

Flag question: Question 12

Question 12

During the project for Bricker, Sounds project lead shared certain portions of code for early versions of the software. Sound owns that code under the contract, but the code was not labeled "Confidential. Therefore, the code cannot be Sounds Confidential Information under the NDA with Bricker.

Group of answer choices

True

False

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Question 13

Sound wants its software code back. Sounds lawyer suggests that Sound send a letter saying: Sound requests that you promptly return all software code shared by Sound during the project. Sounds lawyer is not so savvy. As a practical matter, this would leave Sounds Confidential Information with Bricker because copies of code shared by email could remain on the client's system.

Group of answer choices

True

False

Flag question: Question 14

Question 14

Two and a half years after receiving the code, Bricker receives from Sound a second letter instructing Bricker to delete all copies of software code Sound has shared. Sound doesnt ask for a certification that the information has been destroyed. Bricker employees deleted information they could readily locate, but did not delete the code from its archive. Bricker met the requirement under the NDA.

Group of answer choices

True

False