Common use of Trade Secrets Defined Clause in Contracts

Trade Secrets Defined. For purposes of this Agreement, "Trade Secrets" means information, without regard to form, including, but not limited to, (i) technical or nontechnical data, formulas, patterns, compilations, programs, devices, methods, techniques, drawings, processes, financial data, financial plans, product plans relating to or reflected in SynQuest's computer software products, or (ii) a list of actual or potential customers or suppliers of SynQuest that: (A) derive economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from their disclosure or use; and (B) are the subject of efforts that are reasonable under the circumstances to maintain their secrecy. The term "Trade Secret" will not include any information which constitutes Confidential Information (as defined below in Section 10.4). Trade Secrets do not include information that Executive can show by competent proof (i) was known to Executive prior to disclosure by SynQuest; (ii) was generally known to the public at the time SynQuest disclosed the information to Executive; (iii) became generally known to the public after disclosure to Executive by the SynQuest through no act or omission of Executive; or (iv) was disclosed to Executive by a third party having a bona fide right both to possess the information and to disclose the information to Executive.

Trade Secrets Defined. For purposes of this Agreement, "Trade Secrets" means information, without regard to form, including, but not limited to, (i) technical or nontechnical data, formulas, patterns, compilations, programs, devices, methods, techniques, drawings, processes, financial data, financial plans, product plans relating to or reflected in SynQuest's computer software products, or (ii) a list of actual or potential customers or suppliers of SynQuest that: (A) derive economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from their disclosure or use; and (B) are the subject of efforts that are reasonable under the circumstances to maintain their secrecy. The term "Trade Secret" will not include any information information, which constitutes Confidential Information (as defined below in Section 10.4). Trade Secrets do not include information that Executive can show by competent proof (i) was known to Executive prior to disclosure by SynQuest; (ii) was generally known to the public at the time SynQuest disclosed the information to Executive; (iii) became generally known to the public after disclosure to Executive by the SynQuest through no act or omission of Executive; or (iv) was disclosed to Executive by a third party having a bona fide right both to possess the information and to disclose the information to Executive.

Trade Secrets Defined. For purposes of to this Agreement, "Trade Secrets" means information, without regard to form, including, but not limited to, (i) technical or nontechnical data, formulas, patterns, compilations, programs, devices, methods, techniques, drawings, processes, financial data, financial plans, product plans relating to or reflected in SynQuest's computer software products, or (ii) a list of actual or potential customers or suppliers of SynQuest that: (A) derive economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from their disclosure or use; and (B) are the subject of efforts that are reasonable under the circumstances to maintain their secrecy. The term "Trade Secret" will not include any information which constitutes Confidential Information (as defined below in Section 10.4). Trade Secrets do not include information that Executive can show by competent proof (i) was known to Executive prior to disclosure by SynQuest; (ii) was generally known to the public at the time SynQuest disclosed the information to Executive; (iii) became generally known to the public after disclosure to Executive by the SynQuest through no act or omission of Executive; or (iv) was disclosed to Executive by a third party having a bona fide right both to possess the information and to disclose the information to Executive.

Trade Secrets Defined. For purposes of this Agreement, "Trade Secrets" means information, without regard to form, including, but not limited to, (i) technical or nontechnical data, formulas, patterns, compilations, programs, devices, methods, techniques, drawings, processes, financial data, financial plans, product plans relating to or reflected in SynQuest's computer software products, or (ii) a list of actual or potential customers or suppliers of SynQuest that: (A) derive economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from their disclosure or use; and (B) are the subject of efforts that are reasonable under the circumstances to maintain their secrecy. The term "Trade Secret" will not include any information which constitutes Confidential Information (as defined below in Section 10.412.4). Trade Secrets do not include information that Executive can show by competent proof (i) was known to Executive prior to disclosure by SynQuest; (ii) was generally known to the public at the time SynQuest disclosed the information to Executive; (iii) became generally known to the public after disclosure to Executive by the SynQuest through no act or omission of Executive; or (iv) was disclosed to Executive by a third party having a bona fide right both to possess the information and to disclose the information to Executive.