Re: digEcor about to lose their shorts
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Message: Re: digEcor about to lose their shorts
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6. The portions of the 2002 NDA that relate to the digEplayer, the eVU, and this litigation, including but not limited to the non-competition clause in paragraph 6 of the 2002 NDA, were superseded by the 2002 Agreement pursuant to, inter alia, paragraph Q of the 2002 Agreement that states that the 2002 Agreement “constitutes the entire understanding and agreement between the parties with respect to the transactions contemplated herein and supercedes any and all prior oral or written communications with respect to the subject matter herein,” because the “subject matter” of the 2002 Agreement was the development and manufacture of portable in-flight entertainment devices and other products, including but not limited to the digEplayer.
7. digEcor’s decision in October 2005 to select Triad Engineering and Wolf Electronics to design and manufacture a next generation player to replace the digEplayer was notice to e.Digital that digEcor did not intend to “proceed with the production of the designed product” pursuant to Section J2 of the 2002 Agreement thereby expressly granting e.Digital “free and unrestricted access to market the design” thereby negating any noncompetition prohibition of the 2002 NDA.
8. The 2002 Agreement expired by its terms on October 22, 2005, including any and all restrictions, if any, on e.Digital’s ability to develop, manufacture, market and sell in-flight entertainment devices, whether or not based on or derived from e.Digital’s prior designs in the digEplayer.
7. digEcor’s decision in October 2005 to select Triad Engineering and Wolf Electronics to design and manufacture a next generation player to replace the digEplayer was notice to e.Digital that digEcor did not intend to “proceed with the production of the designed product” pursuant to Section J2 of the 2002 Agreement thereby expressly granting e.Digital “free and unrestricted access to market the design” thereby negating any noncompetition prohibition of the 2002 NDA.
8. The 2002 Agreement expired by its terms on October 22, 2005, including any and all restrictions, if any, on e.Digital’s ability to develop, manufacture, market and sell in-flight entertainment devices, whether or not based on or derived from e.Digital’s prior designs in the digEplayer.
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