Common use of Matters Relating to Intellectual Property Clause in Contracts

Matters Relating to Intellectual Property. (a) You agree that (i) all work product, ideas, discoveries, creations, manuscripts and properties, innovations, improvements, know-how, inventions, designs, developments, apparatus, techniques, methods, processes, computer programs, graphics, pictorial representations, user interfaces, functional specifications, reports, spreadsheets, presentations, analyses and formulae (collectively, "Inventions") which may be used in the business of CHINA FINANCE, INC., whether or not patentable or copyrightable, which you may conceive, reduce to practice or develop during the Period of Association (and, if based on or related to any Confidential Information, within two years after termination of the Period of Association), either alone or in collaboration with another or others, whether during or out of regular business hours of CHINA FINANCE, INC., whether or not on CHINA FINANCE, INC.'s premises or with the use of its equipment, and whether at the request or upon the suggestion of CHINA FINANCE, INC., or otherwise, will be the sole and exclusive property of CHINA FINANCE, INC., and (ii) you will not publish or disclose to a third party, either orally or in writing, any of the foregoing Inventions without the prior written consent of CHINA FINANCE, INC. Without limiting the foregoing, you also acknowledge that all original works of authorship which are made by you (solely or jointly with others) during the Period of Association which relate to the business of CHINA FINANCE, INC. and which are protectable by copyright are "works made for hire" pursuant to the United States Copyright Act (17 U.S.C. Section 101). You hereby assign to CHINA FINANCE, INC. all of your right, title and interest in and to all of the foregoing. You further represent that, to the best of your knowledge and belief, none of the Inventions will violate or infringe upon any right, patent, copyright, trademark or right of privacy, or constitute libel or slander against or violate any other rights of any person, firm or corporation, and that you will use your best efforts to prevent any such violation. (b) At any time during the Period of Association and at any time thereafter, you will fully cooperate with CHINA FINANCE, INC. and its attorneys and agents in the preparation and filing of all papers and other documents as may be required to perfect CHINA FINANCE, INC.'s rights in and to any of such Inventions, including, but not limited to, (i) assisting, cooperating and/or joining in any controversy or legal or administrative proceeding to obtain letters patent, copyrights, trademarks or other legal rights with respect to any such Inventions in the United States and in any and all other countries, provided that CHINA FINANCE, INC. will bear the expenses of such controversies or proceedings, (ii) executing and delivering to CHINA FINANCE, INC., without additional compensation, all documents (including US and foreign patent applications) for assigning, securing, protecting or registering all property rights in such Inventions, and (iii) maintaining, or assisting in the maintenance of, such records as will show the conception, development, reduction to practice and operation of all Inventions. (c) Unless so requested by CHINA FINANCE, INC. or otherwise permitted in writing by CHINA FINANCE, INC. (which writing shall be signed by CHINA FINANCE, INC.'s chief executive officer), you will not apply for any patent or copyright, whether domestic or foreign, on any Invention. Notwithstanding the foregoing, any patent or other legal right so issued to you personally will be assigned by you to CHINA FINANCE, INC. without charge by you. (d) With respect to any Inventions, and work of any similar nature (from any source), whenever created, which you have not prepared or originated during the Period of Association, but which you provide to CHINA FINANCE, INC. or incorporate in any Company product or system, you hereby grant to CHINA FINANCE, INC. a royalty-free, fully paid-up, non-exclusive, perpetual and irrevocable license throughout the world to use, modify, create derivative works from, disclose, publish, translate, reproduce, deliver, perform, dispose of, and to authorize others so to do, all such Inventions. You will not include in any Inventions you deliver to CHINA FINANCE, INC. or use on its behalf, without the prior written approval of CHINA FINANCE, INC. (which approval shall be signed by CHINA FINANCE, INC.'s chief executive officer), any material which is or will be patented, copyrighted or trademarked by you or others unless you provide CHINA FINANCE, INC. with the written permission of the holder of any such patent, copyright or trademark for CHINA FINANCE, INC. to use such material in a manner consistent with then-current Company policy. (e) Listed below are any and all Inventions in which you claim or intend to claim any right, title and interest (collectively, "Prior Inventions"), including, without limitation, patent, copyright and trademark interests, which to the best of your knowledge will be or may be delivered to CHINA FINANCE, INC. in the course of your membership with, employment or retention by, or services to CHINA FINANCE, INC., or incorporated into any Company product or system. You acknowledge that your obligation to disclose such information is ongoing while you are employed hereunder. Prior Inventions (attach additional page if you need more room): -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- (f) By signing below, you irrevocably constitute and appoint CHINA FINANCE, INC., with full power of substitution, to be your true and lawful attorney, in your name, place and stead, to exxxxxe, acknowledge, swear to and file all instruments, conveyances, certificates, agreements and other documents, and to take any action which will be necessary appropriate or desirable to effectuate the provisions of this Section 3. The powers of attorney granted herein will be deemed to be coupled with an interest and will be irrevocable and survive the occurrence of your death, disability or bankruptcy.

Matters Relating to Intellectual Property. (a) You agree that (i) all work product, ideas, discoveries, creations, manuscripts and properties, innovations, improvements, know-how, inventions, designs, developments, apparatus, techniques, methods, processes, computer programs, graphics, pictorial representations, user interfaces, functional specifications, reports, spreadsheets, presentations, analyses and formulae (collectively, "Inventions") which may be used in the business of CHINA FINANCE, INC., whether or not patentable or copyrightable, which you may conceive, reduce to practice or develop during the Period of Association (and, if based on or related to any Confidential Information, within two years after termination of the Period of Association), either alone or in collaboration with another or others, whether during or out of regular business hours of CHINA FINANCE, INC., whether or not on CHINA FINANCE, INC.'s premises or with the use of its equipment, and whether at the request or upon the suggestion of CHINA FINANCE, INC., or otherwise, will be the sole and exclusive property of CHINA FINANCE, INC., and (ii) you will not publish or disclose to a third party, either orally or in writing, any of the foregoing Inventions without the prior written consent of CHINA FINANCE, INC. Without limiting the foregoing, you also acknowledge that all original works of authorship which are made by you (solely or jointly with others) during the Period of Association which relate to the business of CHINA FINANCE, INC. and which are protectable by copyright are "works made for hire" pursuant to the United States Copyright Act (17 U.S.C. Section 101). You hereby assign to CHINA FINANCE, INC. all of your right, title and interest in and to all of the foregoing. You further represent that, to the best of your knowledge and belief, none of the Inventions will violate or infringe upon any right, patent, copyright, trademark or right of privacy, or constitute libel or slander against or violate any other rights of any person, firm or corporation, and that you will use your best efforts to prevent any such violation. (b) At any time during the Period of Association and at any time thereafter, you will fully cooperate with CHINA FINANCE, INC. and its attorneys and agents in the preparation and filing of all papers and other documents as may be required to perfect CHINA FINANCE, INC.'s rights in and to any of such Inventions, including, but not limited to, (i) assisting, cooperating and/or joining in any controversy or legal or administrative proceeding to obtain letters patent, copyrights, trademarks or other legal rights with respect to any such Inventions in the United States and in any and all other countries, provided that CHINA FINANCE, INC. will bear the expenses of such controversies or proceedings, (ii) executing and delivering to CHINA FINANCE, INC., without additional compensation, all documents (including US and foreign patent applications) for assigning, securing, protecting or registering all property rights in such Inventions, and (iii) maintaining, or assisting in the maintenance of, such records as will show the conception, development, reduction to practice and operation of all Inventions. (c) Unless so requested by CHINA FINANCE, INC. or otherwise permitted in writing by CHINA FINANCE, INC. (which writing shall be signed by CHINA FINANCE, INC.'s chief executive officer), you will not apply for any patent or copyright, whether domestic or foreign, on any Invention. Notwithstanding the foregoing, any patent or other legal right so issued to you personally will be assigned by you to CHINA FINANCE, INC. without charge by you. (d) With respect to any Inventions, and work of any similar nature (from any source), whenever created, which you have not prepared or originated during the Period of Association, but which you provide to CHINA FINANCE, INC. or incorporate in any Company product or system, you hereby grant to CHINA FINANCE, INC. a royalty-free, fully paid-up, non-exclusive, perpetual and irrevocable license throughout the world to use, modify, create derivative works from, disclose, publish, translate, reproduce, deliver, perform, dispose of, and to authorize others so to do, all such Inventions. You will not include in any Inventions you deliver to CHINA FINANCE, INC. or use on its behalf, without the prior written approval of CHINA FINANCE, INC. (which approval shall be signed by CHINA FINANCE, INC.'s chief executive officer), any material which is or will be patented, copyrighted or trademarked by you or others unless you provide CHINA FINANCE, INC. with the written permission of the holder of any such patent, copyright or trademark for CHINA FINANCE, INC. to use such material in a manner consistent with then-current Company policy. (e) Listed below are any and all Inventions in which you claim or intend to claim any right, title and interest (collectively, "Prior Inventions"), including, without limitation, patent, copyright and trademark interests, which to the best of your knowledge will be or may be delivered to CHINA FINANCE, INC. in the course of your membership with, employment or retention by, or services to CHINA FINANCE, INC., or incorporated into any Company product or system. You acknowledge that your obligation to disclose such information is ongoing while you are employed hereunder. Prior Inventions (attach additional page if you need more room): -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- ------------------------------------------------------------------------------------------------------------------------------------ ---------------------------------------------------------------- ---------------------------------------------------------------- ---------------------------------------------------------------- ---------------------------------------------------------------- ---------------------------------------------------------------- ---------------------------------------------------------------- ---------------------------------------------------------------- ---------------------------------------------------------------- ---------------------------------------------------------------- (f) By signing below, you irrevocably constitute and appoint CHINA FINANCE, INC., with full power of substitution, to be your true and lawful attorney, in your name, place and stead, to exxxxxeexecute, acknowledge, swear to and file all instruments, conveyancesxxxxxyances, certificates, agreements and other documents, and to take any action which will be necessary appropriate or desirable to effectuate the provisions of this Section 3. The powers of attorney granted herein will be deemed to be coupled with an interest and will be irrevocable and survive the occurrence of your death, disability or bankruptcy.

Matters Relating to Intellectual Property. (a) You agree that (i) all work product, ideas, discoveries, creations, manuscripts and properties, innovations, improvements, know-how, inventions, designs, developments, apparatus, techniques, methods, processes, computer programs, graphics, pictorial representations, user interfaces, functional specifications, reports, spreadsheets, presentations, analyses and formulae (collectively, "Inventions") which may be used in the business of CHINA FINANCE, INC., whether or not patentable or copyrightable, which you may conceive, reduce to practice or develop during the Period of Association (and, if based on or related to any Confidential Information, within two years after termination of the Period of Association), either alone or in collaboration with another or others, whether during or out of regular business hours of CHINA FINANCE, INC., whether or not on CHINA FINANCE, INC.'s premises or with the use of its equipment, and whether at the request or upon the suggestion of CHINA FINANCE, INC., or otherwise, will be the sole and exclusive property of CHINA FINANCE, INC., and (ii) you will not publish or disclose to a third party, either orally or in writing, any of the foregoing Inventions without the prior written consent of CHINA FINANCE, INC. Without limiting the foregoing, you also acknowledge that all original works of authorship which are made by you (solely or jointly with others) during the Period of Association which relate to the business of CHINA FINANCE, INC. and which are protectable by copyright are "works made for hire" pursuant to the United States Copyright Act (17 U.S.C. Section 101). You hereby assign to CHINA FINANCE, INC. all of your right, title and interest in and to all of the foregoing. You further represent that, to the best of your knowledge and belief, none of the Inventions will violate or infringe upon any right, patent, copyright, trademark or right of privacy, or constitute libel or slander against or violate any other rights of any person, firm or corporation, and that you will use your best efforts to prevent any such violation. (b) At any time during the Period of Association and at any time thereafter, you will fully cooperate with CHINA FINANCE, INC. and its attorneys and agents in the preparation and filing of all papers and other documents as may be required to perfect CHINA FINANCE, INC.'s rights in and to any of such Inventions, including, but not limited to, (i) assisting, cooperating and/or joining in any controversy or legal or administrative proceeding to obtain letters patent, copyrights, trademarks or other legal rights with respect to any such Inventions in the United States and in any and all other countries, provided that CHINA FINANCE, INC. will bear the expenses of such controversies or proceedings, (ii) executing and delivering to CHINA FINANCE, INC., without additional compensation, all documents (including US and foreign patent applications) for assigning, securing, protecting or registering all property rights in such Inventions, and (iii) maintaining, or assisting in the maintenance of, such records as will show the conception, development, reduction to practice and operation of all Inventions. (c) Unless so requested by CHINA FINANCE, INC. or otherwise permitted in writing by CHINA FINANCE, INC. (which writing shall be signed by CHINA FINANCE, INC.'s chief executive officer), you will not apply for any patent or copyright, whether domestic or foreign, on any Invention. Notwithstanding the foregoing, any patent or other legal right so issued to you personally will be assigned by you to CHINA FINANCE, INC. without charge by you. (d) With respect to any Inventions, and work of any similar nature (from any source), whenever created, which you have not prepared or originated during the Period of Association, but which you provide to CHINA FINANCE, INC. or incorporate in any Company product or system, you hereby grant to CHINA FINANCE, INC. a royalty-free, fully paid-up, non-exclusive, perpetual and irrevocable license throughout the world to use, modify, create derivative works from, disclose, publish, translate, reproduce, deliver, perform, dispose of, and to authorize others so to do, all such Inventions. You will not include in any Inventions you deliver to CHINA FINANCE, INC. or use on its behalf, without the prior written approval of CHINA FINANCE, INC. (which approval shall be signed by CHINA FINANCE, INC.'s chief executive officer), any material which is or will be patented, copyrighted or trademarked by you or others unless you provide CHINA FINANCE, INC. with the written permission of the holder of any such patent, copyright or trademark for CHINA FINANCE, INC. to use such material in a manner consistent with then-current Company policy. (e) Listed below are any and all Inventions in which you claim or intend to claim any right, title and interest (collectively, "Prior Inventions"), including, without limitation, patent, copyright and trademark interests, which to the best of your knowledge will be or may be delivered to CHINA FINANCE, INC. in the course of your membership with, employment or retention by, or services to CHINA FINANCE, INC., or incorporated into any Company product or system. You acknowledge that your obligation to disclose such information is ongoing while you are employed hereunder. Prior Inventions (attach additional page if you need more room): -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- ---------------------------------------------------------------------------------------------------------------------------------------------- -------------------------------------------------------------------------- -------------------------------------------------------------------------- -------------------------------------------------------------------------- -------------------------------------------------------------------------- -------------------------------------------------------------------------- -------------------------------------------------------------------------- -------------------------------------------------------------------------- -------------------------------------------------------------------------- -------------------------------------------------------------------------- (f) By signing below, you irrevocably constitute and appoint CHINA FINANCE, INC., with full power of substitution, to be your true and lawful attorney, in your name, place and stead, to exxxxxe, acknowledge, swear to and file all instruments, conveyances, certificates, agreements and other documents, and to take any action which will be necessary appropriate or desirable to effectuate the provisions of this Section 3. The powers of attorney granted herein will be deemed to be coupled with an interest and will be irrevocable and survive the occurrence of your death, disability or bankruptcy.

Matters Relating to Intellectual Property. (a) You agree that (i) all work product, ideas, discoveries, creations, manuscripts and properties, innovations, improvements, know-how, inventions, designs, developments, apparatus, techniques, methods, processes, computer programs, graphics, pictorial representations, user interfaces, functional specifications, reports, spreadsheets, presentations, analyses and formulae (collectively, "Inventions") which may be used in the business of CHINA FINANCE, INC., whether or not patentable or copyrightable, which you may conceive, reduce to practice or develop during the Period of Association (and, if based on or related to any Confidential Information, within two years after termination of the Period of Association), either alone or in collaboration with another or others, whether during or out of regular business hours of CHINA FINANCE, INC., whether or not on CHINA FINANCE, INC.'s premises or with the use of its equipment, and whether at the request or upon the suggestion of CHINA FINANCE, INC., or otherwise, will be the sole and exclusive property of CHINA FINANCE, INC., and (ii) you will not publish or disclose to a third party, either orally or in writing, any of the foregoing Inventions without the prior written consent of CHINA FINANCE, INC. Without limiting the foregoing, you also acknowledge that all original works of authorship which are made by you (solely or jointly with others) during the Period of Association which relate to the business of CHINA FINANCE, INC. and which are protectable by copyright are "works made for hire" pursuant to the United States Copyright Act (17 U.S.C. Section 101). You hereby assign to CHINA FINANCE, INC. all of your right, title and interest in and to all of the foregoing. You further represent that, to the best of your knowledge and belief, none of the Inventions will violate or infringe upon any right, patent, copyright, trademark or right of privacy, or constitute libel or slander against or violate any other rights of any person, firm or corporation, and that you will use your best efforts to prevent any such violation. (b) At any time during the Period of Association and at any time thereafter, you will fully cooperate with CHINA FINANCE, INC. and its attorneys and agents in the preparation and filing of all papers and other documents as may be required to perfect CHINA FINANCE, INC.'s rights in and to any of such Inventions, including, but not limited to, (i) assisting, cooperating and/or joining in any controversy or legal or administrative proceeding to obtain letters patent, copyrights, trademarks or other legal rights with respect to any such Inventions in the United States and in any and all other countries, provided that CHINA FINANCE, INC. will bear the expenses of such controversies or proceedings, (ii) executing and delivering to CHINA FINANCE, INC., without additional compensation, all documents (including US and foreign patent applications) for assigning, securing, protecting or registering all property rights in such Inventions, and (iii) maintaining, or assisting in the maintenance of, such records as will show the conception, development, reduction to practice and operation of all Inventions. (c) Unless so requested by CHINA FINANCE, INC. or otherwise permitted in writing by CHINA FINANCE, INC. (which writing shall be signed by CHINA FINANCE, INC.'s chief executive officer), you will not apply for any patent or copyright, whether domestic or foreign, on any Invention. Notwithstanding the foregoing, any patent or other legal right so issued to you personally will be assigned by you to CHINA FINANCE, INC. without charge by you. (d) With respect to any Inventions, and work of any similar nature (from any source), whenever created, which you have not prepared or originated during the Period of Association, but which you provide to CHINA FINANCE, INC. or incorporate in any Company product or system, you hereby grant to CHINA FINANCE, INC. a royalty-free, fully paid-up, non-exclusive, perpetual and irrevocable license throughout the world to use, modify, create derivative works from, disclose, publish, translate, reproduce, deliver, perform, dispose of, and to authorize others so to do, all such Inventions. You will not include in any Inventions you deliver to CHINA FINANCE, INC. or use on its behalf, without the prior written approval of CHINA FINANCE, INC. (which approval shall be signed by CHINA FINANCE, INC.'s chief executive officer), any material which is or will be patented, copyrighted or trademarked by you or others unless you provide CHINA FINANCE, INC. with the written permission of the holder of any such patent, copyright or trademark for CHINA FINANCE, INC. to use such material in a manner consistent with then-current Company policy. (e) Listed below are any and all Inventions in which you claim or intend to claim any right, title and interest (collectively, "Prior Inventions"), including, without limitation, patent, copyright and trademark interests, which to the best of your knowledge will be or may be delivered to CHINA FINANCE, INC. in the course of your membership with, employment or retention by, or services to CHINA FINANCE, INC., or incorporated into any Company product or system. You acknowledge that your obligation to disclose such information is ongoing while you are employed hereunder. Prior Inventions (attach additional page if you need more room): -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- -------------------------------------------------------------------- --------------------------------------------------------------------------------------------------------------------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------- ------------------------------------------------------------------- (f) By signing below, you irrevocably constitute and appoint CHINA FINANCE, INC., with full power of substitution, to be your true and lawful attorney, in your name, place and stead, to exxxxxeexecute, acknowledge, swear to and file all instruments, conveyancesxxxxxyances, certificates, agreements and other documents, and to take any action which will be necessary appropriate or desirable to effectuate the provisions of this Section 3. The powers of attorney granted herein will be deemed to be coupled with an interest and will be irrevocable and survive the occurrence of your death, disability or bankruptcy.