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A product sales agreement should generally have a specific product description in the agreement. However, parties may wish to not specify certain features of a confidential product purchase.
The FBI recently purchased a spy hacking product from an Italian hacking company. Although the product was thoroughly described in the agreement for its various features, the agreement failed to acknowledge that that product would be used to ‘exploit’. Vague descriptions of a product in a product purchase agreement may be permitted by both parties in a situation where the outcome could negatively impact national security.
Takeaway:
- The product description in a product sales agreement should be descriptive, however, this may not be necessary in a high profile situation or where confidentiality is a primary concern.