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Protecting Idea when using a developers' software

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What is the name of your state? Virginia

I wanted to develop a software program to handle a niche market. However, I stumbled upon a shareware software that had all the features I could ever want to include so I approached the developer (located in NY) about using their software with my idea. I didn't reveal the idea only gave general information about how it would be used.

He proposed to allow me to use the software and pay him a per CD fee (we agree upon). He will need to modify the Company Name, and maybe add some of my graphics into the program.

-My concern is once I tell him how I will use the software in order for him to make the changes can I prevent him for taking that information and using it for himself to compete with me or allowing his other licensed user of the software from doing so

-I want to have exclusive right to market my idea using his software

I've asked him to sign a non disclosure statement agreeing that he will not compete with me, make a version of the software using my idea for others and will keep my information confidential for a period of 3 years. After that time we will renegotiate. (I haven't had the paper drawn up yet I just told him what I propose)

Is this enough? Would he have rights to my idea once he includes it in his software or when we part company will I be able to make him distroy the contents and not use my idea?
 
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