OWNERSHIP AND NON-DISCLOSURE AND NON-USE OF CONFIDENTIAL INFORMATION. 9.1 As used in this Agreement, "Confidential Information" shall mean all customer sales and marketing information, customer account records, proprietary receipts and/or processing techniques, information regarding vendors and products, training and operations memoranda and similar information, personnel records, pricing information, financial information and trade secrets concerning or relating to the business, accounts, customers, employees and affairs of the Company, or any subsidiary or affiliate thereof, obtained by or furnished, disclosed or disseminated to the Employee, or obtained, assembled or compiled by the Employee or under his supervision during the course of his employment by the Company, and all physical embodiments of the foregoing, all of which are hereby agreed to be the property of and confidential to the Company, but Confidential Information shall not include any of the foregoing to the extent the same is or becomes publicly known through no fault or breach of this Agreement by the Employee.
OWNERSHIP AND NON-DISCLOSURE AND NON-USE OF CONFIDENTIAL INFORMATION. (a) The Executive acknowledges and agrees that all Confidential Information, and all physical embodiments thereof, is confidential to and shall be and remain the sole and exclusive property of the Company. Upon request by the Company, and in any event upon termination of the Executive's employment with the Company for any reason, as a prior condition to receiving any final wage or salary check, the Executive shall promptly deliver to the Company all property belonging to the Company including, without limitation, all Confidential Information (and all embodiments thereof) then in the Executive's custody, control or possession, but any withholding of such wage or salary check shall not be considered as satisfaction or a release of or liquidated damages for any claims for damages against the Executive which may accrue to the Company as a result of any breach of this Section 8(a) by the Executive.
(b) The Executive agrees that the Executive will not, either during the term of the Executive's employment by the Company or for three (3) years thereafter, without the prior written consent of the Company, disclose or make available any Confidential Information to any person or entity or make or cause to be made or permit or allow, either on the Executive's own behalf or on behalf of others, any use of any Confidential Information other than in the proper performance of the Executive's duties hereunder. The Company agrees that the Executive is not prohibited hereby from disclosing or using any Confidential Information which the Executive is required to disclose pursuant to a requirement of a governmental agency or of law without similar restrictions or other protections against public disclosure, provided, however, that the Executive shall first have taken reasonable steps to allow the Company to seek to protect the confidentiality of the information required to be disclosed.
OWNERSHIP AND NON-DISCLOSURE AND NON-USE OF CONFIDENTIAL INFORMATION. 9.1 As used in this Agreement, "Confidential Information" shall mean all customer sales and marketing information, customer account records, proprietary receipts and/or processing techniques, information regarding vendors and products, training and operations memoranda and similar information, personnel records, pricing information, financial information and trade secrets concerning or relating to the business, accounts, customers, employees and affairs of the Company, or any subsidiary or affiliate thereof, obtained by or furnished, disclosed or disseminated to the Consultant, or obtained, assembled or compiled by the Consultant or under his supervision during the course of his rendering Services to the Company, and all physical embodiments of the foregoing, all of which are hereby agreed to be the property of and confidential to the Company, but Confidential Information shall not include any of the foregoing to the extent that the Consultant can show that the same (a) is or becomes publicly known through no fault or breach of this Agreement by the Consultant, or (b) was known by the Consultant without restriction of confidentiality prior to the commencement of the Consulting Term.
OWNERSHIP AND NON-DISCLOSURE AND NON-USE OF CONFIDENTIAL INFORMATION. Batista acknowledges and agrees that all Confidential Information, axx xxx physical embodiments thereof, are confidential to and shall be and remain the sole and exclusive property of eGames. Except to the extent provided in this Section 3, Batista agrees that he will not (i) disclose or make available any Cxxxxxxxtial Information to any person or entity; or (ii) make or cause to be made, or permit, either on his own behalf or in the service or on behalf of others, any use of such Confidential Information.
OWNERSHIP AND NON-DISCLOSURE AND NON-USE OF CONFIDENTIAL INFORMATION. 6.1 As used in this Agreement, “Confidential Information” shall mean all customer sales and marketing information, customer account records, proprietary methodologies, personnel information, pricing information, financial information, business plans, strategic plans and trade secrets concerning or relating to the business, accounts, customers, employees and affairs of the Company, or any subsidiary or affiliate thereof, , and all physical embodiments of the foregoing, all of which are hereby agreed to be the property of and confidential to the Company, but Confidential Information shall not include any of the foregoing to the extent that Venetia can show that the same (a) is or becomes publicly known through no fault or breach of this Agreement by Venetia, or (b) was received by Venetia from a third party without restrictions on disclosure and without breach by Venetia of any agreement or duty. Confidential Information shall also include information concerning any acquisition or business combinations considered by the Company.
OWNERSHIP AND NON-DISCLOSURE AND NON-USE OF CONFIDENTIAL INFORMATION. Mauro acknowledges and agrees that all Confidential Information, are confidential to and shall be and remain the sole and exclusive property of eGames. Except to the extent provided in this Section 3, for a period of five years from the Closing Date, Mauro agrees that he will not (i) disclose or make available any Confidential Information to any person or entity; or (ii) make or cause to be made, or permit, either on his own behalf or in the service or on behalf of others, except on behalf of eGames, any use of such Confidential Information. Mauro’s obligations under Paragraph 3 will not extend to any of the Confidential Information that may become publicly available from sources other than Mauro. Mauro has significant and substantial experience in the games industry. At all times he shall continue to be free to use such skill, knowledge, know-how, methodologies, algorithms and experience in his other businesses so long as (a) he does not use Confidential Information and he adheres to Sections 2 and 3 of this Agreement.
OWNERSHIP AND NON-DISCLOSURE AND NON-USE OF CONFIDENTIAL INFORMATION. Barton acknowledges and agrees thxx xxx Confidential Information, and all physical embodiments thereof, are confidential to and shall be and remain the sole and exclusive property of the Company. Barton agrees that he will not, xxxxxx as required by law: (i) disclose or make available any Confidential Information to any person or entity (including any affiliate), or (ii) make or cause to be made, or permit, either on his own behalf or in the service or on behalf of others, any use of such Confidential Information.
OWNERSHIP AND NON-DISCLOSURE AND NON-USE OF CONFIDENTIAL INFORMATION. Lennon acknowledges and agrees that all Confidential Information, are confidential to and shall be and remain the sole and exclusive property of eGames. Except to the extent provided in this Section 3, for a period of five years from the Closing Date, Lennon agrees that he will not (i) disclose or make available any Confidential Information to any person or entity; or (ii) make or cause to be made, or permit, either on his own behalf or in the service or on behalf of others, except on behalf of eGames, any use of such Confidential Information. Lennon’s obligations under Paragraph 3 will not extend to any of the Confidential Information that may become publicly available from sources other than Lennon. Lennon has significant and substantial experience in the games industry. At all times he shall continue to be free to use such skill, knowledge, know-how, methodologies, algorithms and experience in his other businesses so long as (a) he does not use Confidential Information and he adheres to Sections 2 and 3 of this Agreement.
OWNERSHIP AND NON-DISCLOSURE AND NON-USE OF CONFIDENTIAL INFORMATION. (a) Each of the Deans acknowledges and agrees that all Confidential Information, and all physical embodiments thereof, are confidential to and shall be and remain the sole and exclusive property of Purchaser.
(b) Each of the Deans agrees that he or she will not disclose or make available any Confidential Information to any person or entity, nor shall he or she make or cause to be made, or permit or allow (to the extent within his or her control), either on his or her own behalf or on behalf of others, any use of such Confidential Information except in the ordinary course of their employment or consulting arrangement with the Purchaser or its affiliates. The obligations of confidentiality contained in this Agreement will apply (i) with respect to Trade Secrets so long as the information remains Trade Secret; and (ii) for Confidential Information for a period of five (5) years from the date hereof, or two (2) years after his or her employment with the Purchaser ceases for any reason, whichever is longer.
OWNERSHIP AND NON-DISCLOSURE AND NON-USE OF CONFIDENTIAL INFORMATION. (a) Cinemaware acknowledges and agrees that all Confidential Information, and all physical embodiments thereof, are confidential to and shall be and remain the sole and exclusive property of eGames. Except to the extent provided in this Section 3, Cinemaware agrees that it will not (i) disclose or make available any Confidential Information to any person or entity; or (ii) make or cause to be made, or permit, either on its own behalf or in the service or on behalf of others, any use of such Confidential Information.
(b) For purposes of this Section 3, any act, action or omission done or performed by any Person (as defined in the Purchase Agreement) 50% or more of the equity interests of which is beneficially owned by Cinemaware or that is otherwise controlled by Cinemaware shall be deemed to be an act, action or omission done or performed by Cinemaware.
