Definition of Protected Information. “Protected Information” means any and all information, data or other content that Customer or its employees, students, contractors, or agents provides to Vendor or submits to Vendor’s products or services or that Vendor collects on Customer’s behalf, including without limitation, employment records, medical records, education records (as such term is defined in FERPA (as defined below), personally identifiable information (as such term is defined in FERPA), nonpublic personal information (as such term is defined in the Xxxxx-Xxxxx-Xxxxxx Act), any information that alone or in conjunction with other information identifies an individual, personal financial records, research data, classified government information, and any other data that has been designated as private, proprietary, protected, or confidential by law or by Customer. For purposes of this Addendum, Customer’s Confidential Information shall be treated as Protected Information.
Definition of Protected Information. The term "Protected Information" shall include any and all information and materials, in whatever form, whether or not reduced to writing and whether or not registerable, recordable or otherwise protected under applicable patent, copyright, trade secret or other form of intellectual property law, that the Employee receives, receives access to, conceives or develops, in whole or in part, directly or indirectly, in connection with rendition of services to ABI or any of its subsidiaries, or through the use of any of ABI's facilities or resources, or through the use of the facilities or resources of any of ABI's subsidiaries, and regardless of how such information is communicated, disclosed, created or discovered, including both trade secrets and "know-how." Protected information shall include, but shall not be limited to, the following:
Definition of Protected Information. (a) For purposes of this Agreement, the term “Protected Information” shall mean all of the following materials and information (whether or not reduced to writing and whether or not patentable or protectable by copyright) which the Employee receives, receives access to, created, conceived or developed, in whole or in part, directly or indirectly, alone or with others and whether or not conceived or developed during regular business hours, in connection with his employment with the Company or in the course of his employment with the Company (in any capacity, whether executive, managerial, planning, technical, sales, research, development, manufacturing, Engineering, or otherwise), or through the use of any of the Company’s facilities or resources:
(i) Production processes, marketing techniques and arrangements, mailing lists, purchasing information, pricing policies, quoting procedures, financial information, customer, client and prospect names and requirements, employee, customer, supplier and distributor data and other materials or information relating to the Company’s business and activities and the manner in which the Company does business;
(ii) Discoveries, concepts, plans and ideas including, without limitation, the nature and results of research and development activities, processes, formulas, inventions, dental implant related materials, equipment or technology, programs, systems, manuals, reports, drafts, techniques, “know-how,” designs, drawings and specifications;
(iii) Any other materials or information related to the business or activities of the Company which are not generally known to others engaged in similar businesses or activities;
(iv) Any information and materials received by the Company from third parties in confidence (or subject to non-disclosure or similar covenants); and
(v) All ideas which are derived from or relate to the Employee’s access to or knowledge of any of the above enumerated materials and information.
(b) Failure to xxxx any of the Protected Information as confidential, proprietary or Protected Information shall not affect its status as part of the Protected Information under the terms of this Agreement.
(c) For purposes of this Agreement, the term “Protected Information” shall not include information which is or becomes publicly available without breach of (i) this Agreement, (ii) any other agreement or instrument to which the Company is a party, or a beneficiary or (iii) any duty owed to the Company by the Employee or...
Definition of Protected Information. 14.1. For purposes of this Agreement, the term "Protected Information" shall mean all of the information referred to in Section 13 hereof and all of the following materials and information (whether or not reduced to writing and whether or not patentable or protectible by copyright) which Optionee receives, receives access to, conceives or develops or has received, received access to, conceived or developed, in whole or in part, directly or indirectly, in connection with Optionee's engagement with the Company or in the course of Optionee's engagement with the Company (in any capacity, whether executive, managerial, planning, technical, sales, research, development, manufacturing, engineering or otherwise) or through the use of any of the Company's facilities or resources:
(a) Application, operating system, data base, communication and other computer software, whether now or hereafter existing, developed for use on any operating system, all modifications, enhancements and versions and all options available with respect thereto, and all future products developed or derived therefrom;
(b) Source and object codes, flowcharts, algorithms, coding sheets, routines, sub-routines, compilers, assemblers, design concepts and related documentation and manuals;
(c) Production processes, marketing techniques and arrangements, mailing lists, purchasing information, pricing policies, quoting procedures, financial information, customer and prospect names and requirements, employee, customer, supplier and distributor data and other materials or information relating to the Company's business and activities and the manner in which the Company does business;
(d) Discoveries, concepts and ideas including, without limitation, the nature and results of research and development activities, processes, formulas, inventions, computer-related equipment or technology, techniques, "know-how", designs, drawings and specifications;
(e) Any other materials or information related to the business or activities of the Company which are not generally known to others engaged in similar businesses or activities; and
(f) All ideas which are derived from or relate to Optionee's access to or knowledge of any of the above enumerated materials and information.
14.2. Failure to xxxx any of the Protected Information as confidential, proprietary or Protected Information shall not affect its status as part of the Protected Information under the terms of this Agreement.
14.3. For purposes of this Agreement...
Definition of Protected Information. For purposes of this Agreement, the term “Protected Information” shall mean all of the information referred to in Section 7(a) hereof and all of the following materials and information (whether or not reduced to writing and whether or not patentable or protectible by copyright) which Executive receives, receives access to, conceives or develops or has received, received access to, conceived or developed, in whole or in part, directly or indirectly, in connection with Executive’s employment with the Company or in the course of Executive’s employment with the Company or through the use of any of the Company’s facilities or resources:
Definition of Protected Information. For purposes of this Agreement, the term “Protected Information” shall mean all of the information referred to in Section 7(a) hereof and all of the following materials and information (whether or not reduced to writing and whether or not patentable or protectable by copyright) which Executive receives, receives access to, conceives or develops or has received, received access to, conceived or developed, in whole or in part, directly or indirectly, in connection with Executive’s employment with the Company or in the course of Executive’s employment with the Company or through the use of any of the Company’s facilities or resources:
i. application, operating system, data base, communication and other computer software, whether now or hereafter existing, developed for use on any operating system, all modifications, enhancements and versions and all options available with respect thereto, and all future products developed or derived therefrom;
ii. source and object codes, flowcharts, algorithms, coding sheets, routines, sub-routines, compilers, assemblers, design concepts and related documentation and manuals;
iii. production processes, marketing techniques and arrangements, mailing lists, purchasing information, pricing policies, quoting procedures, financial information, customer and prospect names and requirements, employee, customer, supplier and distributor Hxxxxx Employment Agreement data and other materials or information relating to the Company’s business and activities and the manner in which the Company does business;
iv. discoveries, concepts and ideas including, without limitation, the nature and results of research and development activities, processes, formulas, inventions, computer-related equipment or technology, techniques, “know-how,” designs, drawings and specifications;
v. any other materials or information related to the business or activities of the Company which are not generally known to others engaged in similar businesses or activities; and
vi. all ideas which are derived from or relate to Executive’s access to or knowledge of any of the above enumerated materials and information. Failure to mxxx any of the Protected Information as confidential, proprietary or Protected Information shall not affect its status as part of the Protected Information under the terms of this Agreement. For purposes of this Agreement, the term. Protected Information shall not include information which is or becomes publicly available without breach of (i) t...
Definition of Protected Information. 13.1. For purposes of this Agreement, the term “Protected Information” shall mean all of the information referred to in Section 12 hereof and all of the following materials and information (whether or not reduced to writing and whether or not patentable or protectible by copyright) which Grantee receives, receives access to, conceives or develops or has received, received access to, conceived or developed, in whole or in part, directly or indirectly, in connection with Xxxxxxx’s employment with the Company or in the course of Grantee’s employment with the Company (in any capacity, whether executive, managerial, planning, technical, sales, research, development, manufacturing, engineering or otherwise) or through the use of any of the Company’s facilities or resources:
Definition of Protected Information. “Protected Information” means the terms of this Agreement and any and all information, data, software, matter or thing of a secret, confidential or private nature identified as “confidential”, “proprietary” or the like by the Party which claims the information to be proprietary, relating to the business of the disclosing Party or its Affiliates, including matters of a technical nature (such as know-how, processes, data and techniques), matters of a business nature (such as information about schedules, costs, profits, markets, sales, customers, suppliers, the Parties’ contractual dealings with each other and the projects that are the subject-matter thereof), matters of a proprietary nature (such as information about patents, patent applications, copyrights, trade secrets and trademarks), other information of a similar nature, and any other information which has been derived from the foregoing information by the receiving Party; provided, however, that Protected Information shall not include information which: (a) is legally in possession of a receiving Party prior to receipt thereof from the other Party; (b) a receiving Party can show by reasonable evidence to have been independently developed by the receiving Party or its employees, consultants, Affiliates or agents; (c) enters the public domain through no fault of a receiving Party or others within its control; or (d) is disclosed to a receiving Party by a third party, without restriction or breach of an obligation of confidentiality to the disclosing Party.
Definition of Protected Information. 6.1 For purposes of this Agreement, the term “Protected Information” shall mean all of the information referred to in Section 5 hereof and all of the materials and information of the Corporation (whether or not reduced to writing and whether or not patentable or protectable by copyright) which Consultant receives, receives access to, conceives, creates or develops or has received, received access to, conceived, created or developed, in whole or in part, directly or indirectly, in connection with Consultant’s engagement by the Corporation or in the course of Consultant’s engagement by the Corporation (in any capacity whatsoever) or through the use of any of the Corporation’s facilities or resources.
Definition of Protected Information. For purposes of this Agreement, the term "Protected Information" shall mean all of the following information (whether or not reduced to writing, marked as proprietary or confidential, and whether or not patentable or protectable by copyright) which Contractor receives, receives access to, conceives, creates or develops or has received, received access to, conceived, created or developed, in whole or in part, directly or indirectly, in connection with Contractor's engagement by Anant or in the course of Contractor's engagement by Anant (in any capacity whatsoever) or through the use of any of Anant facilities or resources:
a) Application, operating system, database, communication and other computer software, whether now or hereafter existing, developed for use on any operating system, all modifications, enhancements and versions and all options available with respect thereto, and all future products developed or derived therefrom;
b) Employee data, manuals, reports and other materials or information relating to Anant business and activities and the manner in which Anant does business;
c) Any other materials or information related to the business or activities of Anant which are not generally known to others engaged in similar businesses or activities; and
d) Any information and materials received by Anant from third parties in confidence (or subject to non-disclosure or similar covenants). For purposes of this Agreement, the term "Protected Information" shall not include information which is or becomes publicly available without breach of (i) this Agreement, (ii) any other agreement or instrument to which Anant is a party or a beneficiary or (iii) any duty owed to Anant by Contractor or any third party; provided, however, that Contractor hereby acknowledges and agrees that, if Contractor shall seek to disclose, divulge, reveal, report, publish, transfer or use, for any purpose whatsoever, any Protected Information, Contractor shall bear the burden of proving that any such information shall have become publicly available without any such breach.
