What is an evaluation agreement and why is it needed when disclosing computer code?

Minneapolis patent attorney Suneel Arora of Schwegman Lundberg & Woessner defines an evaluation agreement and how it pertains to computer code.

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So, if you do accept the confidential information of another party under an NDA, you have to consider what might happen after the NDA – you know, if the relationship goes sour or if the NDA just ceases to exist by its own terms. If you have been tainted by the confidential information of another party, it may very well be that if you end up having to independently develop code, for example, software code, that you have to come up with a completely separate team that hasn’t been exposed to that confidential information.