Common use of Definition of Key Terms Clause in Contracts

Definition of Key Terms. 1.1. “Business of the Company” means the business of providing patient home monitoring services and products and services related to providing better health outcomes for patients with sleep apnea and chronic respiratory failure through the use of state of the art specialized medical equipment, highly trained respiratory therapists, oxygen therapy, and other respiratory support. 1.2. “Competing Business” means any individual (including you), corporation, limited liability company, partnership, joint venture, association, or other entity, regardless of form, that is directly engaged in whole or in relevant part in any business or enterprise that is the same as, or substantially the same as, the Business of the Company, or that is taking material steps to engage in such business. 1.3. “Confidential Information” means (i) competitively sensitive information, (ii) of importance to the Company, (iii) that becomes known to you through your employment with the Company, and (v) that is not a Trade Secret under the federal Defend Trade Secrets Act of 2016, or other applicable state trade secrets laws. Confidential Information includes, but is not limited to, information about the Company’s operations, services, and research and development of the Company’s operations, products, and services, names and other listings of current or prospective Customers, Vendors, Suppliers, and Referral Sources, proposals to or the terms of any arrangements or agreements with any current or prospective Customers, Vendors, Suppliers, or Referral Sources, including payment and pricing information, the implementation of Customer-specific projects, the composition or description of future products or services that will or may be offered by the Company, marketing strategies, financial and sales information, and technical expertise and know-how developed by the Company, including the unique manner in which the Company conducts its business. Confidential Information also includes information disclosed to the Company by any third party (including, but not limited to, current or prospective Customers) that the Company is required to treat as confidential. Confidential Information does not include information readily available to the public, so long as it was not made public by you or anyone working on your behalf. 1.4. “Creative Works” means any and all works of authorship including, for example, written documents, spreadsheets, graphics, designs, trademarks, service marks, algorithms, computer programs and code, protocols, formulas, mask works, brochures, presentations, photographs, music or compositions, manuals, reports, and compilations of various elements, whether patentable or registrable under patent, copyright, trademark, or similar domestic and international laws. 1.5. “Customers” means those patients and individuals, companies, or other entities for whom: 1) the Company has provided or does provide products or services in connection with the Business of the Company, or 2) the Company has provided written proposals concerning the Business of the Company. 1.6. “Indirectly,” means that you will not assist others in performing those activities you are prohibited from engaging in directly under this Agreement.

Definition of Key Terms. 1.1. “Business of the Company” means the business of providing patient home monitoring services and products and services related to providing better health outcomes for patients with sleep apnea and chronic respiratory failure through the use of state of the art specialized medical equipment, highly trained respiratory therapists, oxygen therapy, and other respiratory support. 1.2. “Competing Business” means any individual (including you), corporation, limited liability company, partnership, joint venture, association, or other entity, regardless of form, that is directly engaged in whole or in relevant part in any business or enterprise that is the same as, or substantially the same as, the Business of the Company, or that is taking material steps to engage in such business. 1.3. “Confidential Information” means (i) competitively sensitive information, (ii) of importance to the Company, (iii) that becomes known to you through your employment with the Company, and (v) that is not a Trade Secret under the federal Defend Trade Secrets Act of 2016, or other applicable state trade secrets laws. Confidential Information includes, but is not limited to, information about the Company’s operations, services, and research and development of the Company’s operations, products, and services, names and other listings of current or prospective Customers, Vendors, Suppliers, and Referral Sources, proposals to or the terms of any arrangements or agreements with any current or prospective Customers, Vendors, Suppliers, or Referral Sources, including payment and pricing information, the implementation of Customer-specific projects, the composition or description of future products or services that will or may be offered by the Company, marketing strategies, financial and sales information, and technical expertise and know-how developed by the Company, including the unique manner in which the Company conducts its business. Confidential Information also includes information disclosed to the Company by any third party (including, but not limited to, current or prospective Customers) that the Company is required to treat as confidential. Confidential Information does not include information readily available to the public, so long as it was not made public by you or anyone working on your behalf. 1.4. “Creative Works” means any and all works of authorship including, for example, written documents, spreadsheets, graphics, designs, trademarks, service marks, algorithms, computer programs and code, protocols, formulas, mask works, brochures, presentations, photographs, music or compositions, manuals, reports, and compilations of various elements, whether patentable or registrable under patent, copyright, trademark, or similar domestic and international laws. 1.5. “Customers” means those patients and individuals, companies, or other entities for whom: 1) the Company has provided or does provide products or services in connection with the Business of the Company, or 2) the Company has provided written proposals concerning the Business of the Company. 1.6. “Indirectly,” means that you will not assist others in performing those activities you are prohibited from engaging in directly under this Agreement.