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It is important that the description for the type of information is specific to what is being confidentially disclosed. As an example a software company working in the field of transportation systems might say; "The information being disclosed is a concept for passing waybills from carrier to carrier using mobile phone technology". This is by far preferential to saying "The information being to disclosed is information relating to software for transportation carriers". Anyone charged with determining whether confidential information is being disclosed is more able to make the assessment when the description is more specific.

One party can be found to have accepted the other party's terms by its conduct, but such conduct must be clear (looking at it objectively) with the intention to accept those terms; simply taking physical delivery of the goods is not enough; Where parties have not agreed which set of standard terms applies, the only inference that can be drawn is that, the contract was made on the basis that neither set would apply.

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