The Companys Ownership of Intellectual Property. (a) In the event that you, as part of your activities on behalf of the Company or any of its subsidiaries generate, author or contribute to (whether before or after the date of this letter agreement) any invention, design, new product or service development, device, product, method or process (whether or not patentable or reduced to practice or comprising Confidential Information), any copyrightable work (whether or not comprising Confidential Information) or any other form of Confidential Information relating directly or indirectly to the Company’s or any of its subsidiaries’ business as now or hereinafter conducted (the “Intellectual Property”), you acknowledge that such Intellectual Property is the exclusive property of the Company and hereby assign all right, title and interest in and to such Intellectual Property to the Company. Any copyrightable work prepared in whole or in part by you will be deemed “a work made for hire” under Section 201(b) of the 1976 Copyright Act, and the Company shall own all of the rights comprised in the copyright therein. You shall promptly and fully disclose to the Company all Intellectual Property not generally known to the Company through the ordinary course of operation of the business, and you shall cooperate with the Company to protect the Company’s interests in and rights to such Intellectual Property (including, without limitation, providing reasonable assistance in securing patent protection and copyright registrations and executing all documents as reasonably requested by the Company, whether such requests occur prior to or after termination of your employment with the Company). The Company agrees to pay you for any reasonable costs, fees and expenses incurred by you for providing your assistance pursuant to this Section 8, including, but not limited to, any of your costs, expenses and your hourly fees if such assistance is provided after your termination for any reason. (b) In accordance with Section 2872 of the Illinois Employee Patent Act, Ill. Rev. Stat. Chap. 140, Section 301 et seq. (1983), you are hereby advised that Section 8 of this Agreement regarding the Company’s ownership of Intellectual Property does not apply to any invention for which no equipment, supplies, facilities or trade secret information of the Company was used and which was developed entirely on your own time, unless (i) the invention relates to the business of the Company or any of its subsidiaries or to the Company’s or any of its subsidiaries actual or demonstrably anticipated research or development or (ii) the invention results from any work performed by you for or on behalf of the Company or any of its subsidiaries.
Appears in 3 contracts
Samples: Employment Agreement (optionsXpress Holdings, Inc.), Employment Agreement (optionsXpress Holdings, Inc.), Separation Agreement (optionsXpress Holdings, Inc.)
The Companys Ownership of Intellectual Property. (a) In the event that you, as part Executive during the term of your activities on behalf of his or her employment by the Company generates, authors, conceives, develops, acquires, makes, reduces to practice or contributes to any discovery, formula, Trade Secret, invention, innovation, improvement, development, method of its subsidiaries generatedoing business, author or contribute to (whether before or after the date of this letter agreement) any inventionprocess, program, design, new product or service developmentanalysis, drawing, report, data, software, firmware, logo, device, productmethod, method product or process (whether any similar or not patentable or reduced to practice or comprising Confidential Information)related information, any copyrightable work (whether or not comprising Confidential Information) or any other form of Confidential Proprietary Information relating directly or indirectly to the Company’s or any of its subsidiaries’ business as now or hereinafter conducted (the “collectively, "Intellectual Property”"), you acknowledge Executive acknowledges that such Intellectual Property is and shall be the exclusive property of the Company and hereby assign all right, title and interest in and to such Intellectual Property to the Company. Any copyrightable work prepared in whole or in part by you will Executive shall to be deemed “"a work made for hire” " to the maximum extent permitted under Section 201(b) of the 1976 Copyright ActAct as amended, and the Company shall own all of the rights comprised in the copyright therein. You Without limiting the foregoing, Executive hereby assigns his or her entire right, title and interest in and to all Intellectual Property to the Company. During and after the term of Executive's employment with the Company, Executive shall promptly and fully disclose all Intellectual Property to the Company all Intellectual Property not generally known to the Company through the ordinary course of operation of the business, and you shall cooperate with the Company to protect the Company’s 's interests in and rights to such Intellectual Property (including, without limitation, providing reasonable assistance in securing patent protection and copyright registrations and executing all documents as reasonably requested by the Company, whether such requests occur prior to or after termination of your Executive's employment with the Company). The Company agrees to pay you for any reasonable costs, fees and expenses incurred by you for providing your assistance pursuant to this Section 8, including, but not limited to, any of your costs, expenses and your hourly fees if such assistance is provided after your termination for any reason.
(b) In accordance with Section 2872 of Notwithstanding the Illinois Employee Patent Actforegoing, Ill. Rev. Stat. Chap. 140however, Section 301 et seq. (1983), you are hereby advised that Section 8 of this Agreement regarding Company shall not own and Executive shall have no obligation to assign to the Company’s ownership Company any invention otherwise falling within the definition of Intellectual Property does not apply to any invention for which no equipment, supplies, facilities facility, or trade secret Trade Secret information of the Company was used and which that was developed entirely on your Executive's own time, unless unless: (i) the invention such Intellectual Property relates to the business of the Company or any of its subsidiaries or (A) to the Company’s 's business or any of (B) to its subsidiaries actual or demonstrably anticipated research or development development, or (ii) the invention Intellectual Property results from any work performed by you him or her for or on behalf of the Company or its affiliates. Executive has identified and described in detail on an attachment hereto initialed by each of the undersigned party's or their authorized representatives, all Intellectual Property that is or was owned by him or her or was written, discovered, made, conceived or first reduced to practice by him or her alone or jointly with another person prior to his or her employment by the Company. If no such Intellectual Property is listed, Executive represents to the Company that he or she does not now nor has he or she ever owned, nor has he or she made, any of its subsidiariessuch Intellectual Property.
Appears in 3 contracts
Samples: Protection of Trade Secrets, Nonsolicitation and Confidentiality Agreement (Physicians Formula Holdings, Inc.), Protection of Trade Secrets, Nonsolicitation and Confidentiality Agreement (Physicians Formula Holdings, Inc.), Protection of Trade Secrets, Nonsolicitation and Confidentiality Agreement (Physicians Formula Holdings, Inc.)
The Companys Ownership of Intellectual Property. (a) In the event that you, as part of your activities on behalf of the Company or any of its subsidiaries generate, author or contribute to (whether before or after the date of this letter agreement) any invention, design, new product or service development, device, product, method or process (whether or not patentable or reduced to practice or comprising Confidential Information), any copyrightable work (whether or not comprising Confidential Information) or any other form of Confidential Information relating directly or indirectly to the Company’s 's or any of its subsidiaries’ ' business as now or hereinafter conducted (the “"Intellectual Property”"), you acknowledge that such Intellectual Property is the exclusive property of the Company and hereby assign all right, title and interest in and to such Intellectual Property to the Company. Any copyrightable work prepared in whole or in part by you will be deemed “"a work made for hire” " under Section 201(b) of the 1976 Copyright Act, and the Company shall own all of the rights comprised in the copyright therein. You shall promptly and fully disclose to the Company all Intellectual Property not generally known to the Company through the ordinary course of operation of the business, and you shall cooperate with the Company to protect the Company’s 's interests in and rights to such Intellectual Property (including, without limitation, providing reasonable assistance in securing patent protection and copyright registrations and executing all documents as reasonably requested by the Company, whether such requests occur prior to or after termination of your employment with the Company). The Company agrees to pay you for any reasonable costs, fees and expenses incurred by you for providing your assistance pursuant to this Section 8, including, but not limited to, any of your costs, expenses and your hourly fees if such assistance is provided after your termination for any reason.
(b) In accordance with Section 2872 of the Illinois Employee Patent Act, Ill. Rev. Stat. Chap. 140, Section 301 et seq. (1983), you are hereby advised that Section 8 of this Agreement regarding the Company’s 's ownership of Intellectual Property does not apply to any invention for which no equipment, supplies, facilities or trade secret information of the Company was used and which was developed entirely on your own time, unless (i) the invention relates to the business of the Company or any of its subsidiaries or to the Company’s 's or any of its subsidiaries actual or demonstrably anticipated research or development or (ii) the invention results from any work performed by you for or on behalf of the Company or any of its subsidiaries.
Appears in 1 contract
Samples: Employment Agreement (optionsXpress Holdings, Inc.)
The Companys Ownership of Intellectual Property. (a) In the event that you, as part of your activities on behalf of the Company or any of its subsidiaries generate, author or contribute to (whether before or after the date of this letter agreement) any invention, design, new product or service development, device, product, method or process (whether or not patentable or reduced to practice or comprising Confidential Information), any copyrightable work (whether or not comprising Confidential Information) or any other form of Confidential Information relating directly or indirectly to the Company’s 's or any of its subsidiaries’ ' business as now or hereinafter conducted (the “"Intellectual Property”"), you acknowledge that such Intellectual Property is the exclusive property of the Company and hereby assign all right, title and interest in and to such Intellectual Property to the Company. Any copyrightable work prepared in whole or in part by you will be deemed “"a work made for hire” " under Section 201(b) of the 1976 Copyright Act, and the Company shall own all of the rights comprised in the copyright therein. You shall promptly and fully disclose to the Company all Intellectual Property not generally known to the Company through the ordinary course of operation of the business, and you shall cooperate with the Company to protect the Company’s 's interests in and rights to such Intellectual Property (including, without limitation, providing reasonable assistance in securing patent protection and copyright registrations and executing all documents as reasonably requested by the Company, whether such requests occur prior to or after termination of your employment with the Company). The Company agrees to pay you for any reasonable costs, fees and expenses incurred by you for providing your assistance pursuant to this Section 8, including, but not limited to, any of your costs, expenses and your hourly fees if such assistance is provided after your termination for any reason.
(b) In accordance with Section 2872 of the Illinois Employee Patent Act, Ill. Rev. StatIII. Chap. 140, Section 301 et seq. (1983), you are hereby advised that Section 8 of this Agreement regarding the Company’s ownership of Intellectual Property does not apply to any invention for which no equipment, supplies, facilities or trade secret information of the Company was used and which was developed entirely on your own time, unless (i) the invention relates to the business of the Company or any of its subsidiaries or to the Company’s or any of its subsidiaries actual or demonstrably anticipated research or development or (ii) the invention results from any work performed by you for or on behalf of the Company or any of its subsidiaries.Rev.
Appears in 1 contract
Samples: Employment Agreement (optionsXpress Holdings, Inc.)
The Companys Ownership of Intellectual Property. (a) In the event that you, as part of your activities on behalf of the Company or any of its subsidiaries generate, author or contribute to (whether before or after the date of this letter agreement) any invention, design, new product or service development, device, product, method or process (whether or not patentable or reduced to practice or comprising Confidential Information), any copyrightable work (whether or not comprising Confidential Information) or any other form of Confidential Information relating directly or indirectly to the Company’s 's or any of its subsidiaries’ ' business as now or hereinafter conducted (the “"Intellectual Property”"), you acknowledge that such Intellectual Property is the exclusive property of the Company and hereby assign all right, title and interest in and to such Intellectual Property to the Company. Any copyrightable work prepared in whole or in part by you will be deemed “"a work made for hire” " under Section 201(b) of the 1976 Copyright Act, and the Company shall own all of the rights comprised in the copyright therein. You shall promptly and fully disclose to the Company all Intellectual Property not generally known to the Company through the ordinary course of operation of the business, and you shall cooperate with the Company to protect the Company’s 's interests in and rights to such Intellectual Property (including, without limitation, providing reasonable assistance in securing patent protection and copyright registrations and executing all documents as reasonably requested by the Company, whether such requests occur prior to or after termination of your employment retention with the Company). The Company agrees to pay you for any reasonable costs, fees and expenses incurred by you for providing your assistance pursuant to this Section 8, including, but not limited to, any of your costs, expenses and your hourly fees if such assistance is provided after your termination for any reason.
(b) In accordance with Section 2872 of the Illinois Employee Patent Act, Ill. Rev. Stat. Chap. 140, Section 301 et seq. (1983), you are hereby advised that Section 8 of this Agreement regarding the Company’s 's ownership of Intellectual Property does not apply to any invention for which no equipment, supplies, facilities or trade secret information of the Company was used and which was developed entirely on your own time, unless (i) the invention relates to the business of the Company or any of its subsidiaries or to the Company’s 's or any of its subsidiaries actual or demonstrably anticipated research or development or (ii) the invention results from any work performed by you for or on behalf of the Company or any of its subsidiaries.
Appears in 1 contract
Samples: Retention Letter Agreement (optionsXpress Holdings, Inc.)
The Companys Ownership of Intellectual Property. (a) In the event that you, as part of your activities on behalf of the Company or any of its subsidiaries generate, author or contribute to (whether before or after the date of this letter agreement) any invention, design, new product or service development, device, product, method or process (whether or not patentable or reduced to practice or comprising Confidential Information), any copyrightable work (whether or not comprising Confidential Information) or any other form of Confidential Information relating directly or indirectly to the Company’s 's or any of its subsidiaries’ ' business as now or hereinafter conducted (the “"Intellectual Property”"), you acknowledge that such Intellectual Property is the exclusive property of the Company and hereby assign all right, title and interest in and to such Intellectual Property to the Company. Any copyrightable work prepared in whole or in part by you will be deemed “"a work made for hire” " under Section 201(b) of the 1976 Copyright Act, and the Company shall own all of the rights comprised in the copyright therein. You shall promptly and fully disclose to the Company all Intellectual Property not generally known to the Company through the ordinary course of operation of the business, and you shall cooperate with the Company to protect the Company’s 's interests in and rights to such Intellectual Property (including, without limitation, providing reasonable assistance in securing patent protection and copyright registrations and executing all documents as reasonably requested by the Company, whether such requests occur prior to or after termination of your employment with the Company). The Company agrees to pay you for any reasonable costs, fees and expenses incurred by you for providing your assistance pursuant to this Section 89, including, but not limited to, any of your costs, expenses and your hourly fees if such assistance is provided after your termination for any reason.
(b) In accordance with Section 2872 of the Illinois Employee Patent Act, Ill. Rev. Stat. Chap. 140, Section 301 et seq. (1983), you are hereby advised that Section 8 9 of this Agreement regarding the Company’s 's ownership of Intellectual Property does not apply to any invention for which no equipment, supplies, facilities or trade secret information of the Company was used and which was developed entirely on your own time, unless (i) the invention relates to the business of the Company or any of its subsidiaries or to the Company’s 's or any of its subsidiaries actual or demonstrably anticipated research or development or (ii) the invention results from any work performed by you for or on behalf of the Company or any of its subsidiaries.
Appears in 1 contract
Samples: Employment Agreement (optionsXpress Holdings, Inc.)
The Companys Ownership of Intellectual Property. (a) In the event that you, as part of your activities on behalf of the Company or any of its subsidiaries generate, author or contribute to (whether before or after the date of this letter agreement) any invention, design, new product or service development, device, product, method or process (whether or not patentable or reduced to practice or comprising Confidential Information), any copyrightable work (whether or not comprising Confidential Information) or any other form of Confidential Information relating directly or indirectly to the Company’s or any of its subsidiaries’ business as now or hereinafter conducted (the “Intellectual Property”), you acknowledge that such Intellectual Property is the exclusive property of the Company and hereby assign all right, title and interest in and to such Intellectual Property to the Company. Any copyrightable work prepared in whole or in part by you will be deemed “a work made for hire” under Section 201(b) of the 1976 Copyright Act, and the Company shall own all of the rights comprised in the copyright therein. You shall promptly and fully disclose to the Company all Intellectual Property not generally known to the Company through the ordinary course of operation of the business, and you shall cooperate with the Company to protect the Company’s interests in and rights to such Intellectual Property (including, without limitation, providing reasonable assistance in securing patent protection and copyright registrations and executing all documents as reasonably requested by the Company, whether such requests occur prior to or after termination of your employment with the Company). The Company agrees to pay you for any reasonable costs, fees and expenses incurred by you for providing your assistance pursuant to this Section 85, including, but not limited to, any of your costs, expenses and your hourly fees if such assistance is provided after your termination for any reason.
(b) In accordance with Section 2872 of the Illinois Employee Patent Act, Ill. Rev. Stat. Chap. 140, Section 301 et seq. (1983), you are hereby advised that Section 8 5 of this Agreement regarding the Company’s ownership of Intellectual Property does not apply to any invention for which no equipment, supplies, facilities or trade secret information of the Company was used and which was developed entirely on your own time, unless (i) the invention relates to the business of the Company or any of its subsidiaries or to the Company’s or any of its subsidiaries actual or demonstrably anticipated research or development or (ii) the invention results from any work performed by you for or on behalf of the Company or any of its subsidiaries.
Appears in 1 contract
Samples: Separation Agreement (optionsXpress Holdings, Inc.)
The Companys Ownership of Intellectual Property. (a) In the event that you, as part of your activities on behalf of the Company or any of its subsidiaries generate, author or contribute to (whether before or after the date of this letter agreement) any invention, design, new product or service development, device, product, method or process (whether or not patentable or reduced to practice or comprising Confidential Information), any copyrightable work (whether or not comprising Confidential Information) or any other form of Confidential Information relating directly or indirectly to the Company’s or any of its subsidiaries’ business as now or hereinafter conducted (the “Intellectual Property”), you acknowledge that such Intellectual Property is the exclusive property of the Company and hereby assign all right, title and interest in and to such Intellectual Property to the Company. Any copyrightable work prepared in whole or in part by you will be deemed “a work made for hire” under Section 201(b) of the 1976 Copyright Act, and the Company shall own all of the rights comprised in the copyright therein. You shall promptly and fully disclose to the Company all Intellectual Property not generally known to the Company through the ordinary course of operation of the business, and you shall cooperate with the Company to protect the Company’s interests in and rights to such Intellectual Property (including, without limitation, providing reasonable assistance in securing patent protection and copyright registrations and executing all documents as reasonably requested by the Company, whether such requests occur prior to or after termination of your employment with the Company). The Company agrees to pay you for any reasonable costs, fees and expenses incurred by you for providing your assistance pursuant to this Section 89, including, but not limited to, any of your costs, expenses and your hourly fees if such assistance is provided after your termination for any reason.
(b) In accordance with Section 2872 of the Illinois Employee Patent Act, Ill. Rev. Stat. Chap. 140, Section 301 et seq. (1983), you are hereby advised that Section 8 9 of this Agreement regarding the Company’s ownership of Intellectual Property does not apply to any invention for which no equipment, supplies, facilities or trade secret information of the Company was used and which was developed entirely on your own time, unless (i) the invention relates to the business of the Company or any of its subsidiaries or to the Company’s or any of its subsidiaries actual or demonstrably anticipated research or development or (ii) the invention results from any work performed by you for or on behalf of the Company or any of its subsidiaries.
Appears in 1 contract
Samples: Employment Agreement (optionsXpress Holdings, Inc.)
The Companys Ownership of Intellectual Property. (a) a. In the event that you, Employee as part of your his or her activities on behalf of the Company generates, authors or any of its subsidiaries generatecontributes, author either alone or contribute jointly with others, to (whether before or after the date of this letter agreement) any invention, design, new product or service development, device, product, method or process (whether or not patentable or reduced to practice or comprising Confidential Information), any copyrightable work (whether or not comprising Confidential Information) or any other form of Confidential Information relating directly or indirectly to the Company’s or any of its subsidiaries’ business as now or hereinafter conducted (the collectively and together with any related proprietary rights, including but not limited to copyrights, patents, trade secret rights and other intellectual property rights, “Intellectual Property”), you acknowledge Employee acknowledges that such Intellectual Property is the exclusive property of the Company and hereby assigns and agrees to assign all right, title and interest in and to such Intellectual Property to the Company. Any copyrightable work prepared in whole or in part by you Employee will be deemed “a work made for hire” under Section 201(b) of the 1976 Copyright Act, as amended, and the Company shall own all of the rights comprised in the copyright therein. You Employee shall promptly and fully disclose all Intellectual Property to the Company all Intellectual Property not generally known to the Company through the ordinary course of operation of the business, and you shall cooperate with the Company to protect the Company’s interests in and rights to such Intellectual Property (including, without limitation, providing reasonable assistance in securing patent protection and copyright registrations and executing all documents as reasonably requested by the Company, whether such requests occur prior to or after termination of your Employee’s employment with the Company). The , and Employee hereby irrevocably appoints the Company agrees to pay you for any reasonable costs, fees and expenses incurred by you for providing your assistance pursuant to this Section 8, including, but not limited to, any of your costs, expenses its officers as Employee’s agent and your hourly fees if attorney in fact (coupled with an interest) to undertake such assistance is provided after your termination for any reasonacts in Employee’s name).
(b) b. In accordance with Section 2872 of the Illinois Employee Patent Act, Ill. Rev. Stat. Chap. 140, Section 140 | 301 et seq. (1983), you are Employee is hereby advised that Section 8 2 of this Agreement regarding the Company’s ownership of Intellectual Property does not apply to any invention for which no equipment, supplies, facilities or trade secret information of the Company was used and which was developed entirely on your Employee’s own time, unless (i) the invention relates to the business of the Company or any of its subsidiaries or to the Company’s or any of its subsidiaries actual or demonstrably anticipated research or development or of (ii) the invention results from any work performed by you Employee for the Company.
c. If, notwithstanding the foregoing, Employee retains any right, title or on behalf of interest with respect to any Intellectual Property, Employee hereby grants, and agree to grant, to the Company Company, without any limitations or any additional remuneration, the worldwide, exclusive, royalty-free, perpetual, irrevocable, transferable, freely sublicenseable, right and license under all of its subsidiariesEmployee’s right, title and interest with respect to any Intellectual Property to make, modify, use, sell or otherwise exploit any product or service relating directly or indirectly to the Company’s business as now or hereinafter conducted.
Appears in 1 contract