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)

Flag question: Question 1

Question 1

Bricker sent Confidential Information to Sound by email. Sounds IT staff of 14 and the development team of 31 all have privileged access to Sounds email servers and access the servers regularly. Sound likely violated the confidentiality provision.

Group of answer choices

True

False

Flag question: Question 2

Question 2

Sounds development team brought in three contractors to work on the Bricker project. The project-lead explained to each contractor that the Bricker information and results were confidential and shouldnt be shared outside of Sound. The contractors said they understood and would comply. Sound let them access Bricker Confidential Information. Sound met the requirements of the confidentiality agreement.

Group of answer choices

True

False

Flag question: Question 3

Question 3

After two weeks, Sound had the contractors sign Sounds nondisclosure agreement, which obligated the contractors to protect the confidentiality of all information of Sound and its clients. This signed nondisclosure agreement met the requirements that the NDA with Bricker imposed.

Group of answer choices

True

False

Flag question: Question 4

Question 4

During the project for Bricker, Sounds developers (those on the Bricker project and those not on the project) often had an afternoon coffee break at the cafe next door. The developers talked about all aspects of their different projects, but were careful to talk about confidential information in quiet voices. The actions of Sounds developers were not consistent with the Bricker NDA.

Group of answer choices

True

False

Flag question: Question 5

Question 5

During the Bricker project, Sounds developers all worked in an open room where many different development teams worked on their projects. The developers did not lock their computer screens if they left the room, even if there was Confidential Information on the screen. This was fine because all people in the room worked for Sound.

Group of answer choices

True

False

Flag question: Question 6

Question 6

Sounds developers take notes in spiral notebooks. Developers who depart Sound are allowed to take their notebooks with them, with the understanding that the developers will keep them locked. Two developers left Sound at the end of the Bricker project, and they took their notebooks containing Bricker Confidential Information with them. They keep the notebooks in a locked drawer at home. This is permitted under the Bricker confidentiality agreement until Bricker asks for its Confidential Information to be returned or destroyed.

Group of answer choices

True

False

Question 7

During the Bricker project, Sound received a government subpoena (a court-sanctioned request for information) for all the email and documents of one of the developers working on the Bricker project. Sound provided the information which included Bricker Confidential Information to the government. This transfer to the government (which was mandatory) was permitted under the confidentiality agreement.

Group of answer choices

True

False