Common use of Work Product and Inventions Clause in Contracts

Work Product and Inventions. August Technology shall be entitled to all of the benefits, profits, results and work product arising from or incident to all work, services, advice and activities of Employee, including without limitation all rights in inventions (as set forth below), trademark or trade name creations, and copyrightable materials. Employee shall not, during the term of his/her employment by August Technology, be interested, directly or indirectly, in any manner, including, but not limited to, as partner, officer, advisor, or in any other capacity in any other business similar to, or in competition with, August Technology's or any subsidiary's business. Employee agrees to communicate promptly and fully to August Technology all inventions, discoveries, improvements or designs conceived or reduced to practice by Employee during the period of his/her employment with August Technology (alone or jointly with others), and, except as provided in this Paragraph 12, Employee will and hereby does assign to August Technology and/or its nominees all of the Employee's right, title and interest in such inventions, discoveries, improvements or designs and all of his/her right, title and interest in any patents, patent applications or copyrights based thereon without obligation on the part of August Technology or any subsidiary to make any further compensation, royalty or payment to Employee. Employee further agrees to assist August Technology and/or its nominee (without charge but at no expense to Employee) at any time and in every proper way to obtain and maintain for its and/or their own benefit, patents for all such inventions, discoveries and improvements and copyrights for all such designs. This Agreement does not obligate Employee to assign to August Technology any invention, discovery, improvement or design for which no equipment, supplies, facility or trade secret information of August Technology or any subsidiary was used and which was developed entirely on Employee's own time, and (1) which does not relate (a) directly to the business of August Technology or any subsidiary, or (b) to August Technology's or any subsidiary's actual or demonstrably anticipated research or development, or (2) which does not result from any work performed by Employee for August Technology or any subsidiary.

Work Product and Inventions. August Technology shall be entitled to all of the benefits, profits, results and work product arising from or incident to all work, services, advice and activities of Employee, including without limitation all rights in inventions (as set forth below), trademark or trade name creations, and copyrightable materials. Employee shall not, during the term of his/her employment by August Technology, be interested, directly or indirectly, in any manner, including, but not limited to, as partner, officer, advisor, or in any other capacity in any other business similar to, or in competition with, August Technology's ’s or any subsidiary's ’s business. Employee agrees to communicate promptly and fully to August Technology all inventions, discoveries, improvements or designs conceived or reduced to practice by Employee during the period of his/her employment with August Technology (alone or jointly with others), and, except as provided in this Paragraph 12, Employee will and hereby does assign to August Technology and/or its nominees all of the Employee's ’s right, title and interest in such inventions, discoveries, improvements or designs and all of his/her right, title and interest in any patents, patent applications or copyrights based thereon without obligation on the part of August Technology or any subsidiary to make any further compensation, royalty or payment to Employee. Employee further agrees to assist August Technology and/or its nominee (without charge but at no expense to Employee) at any time and in every proper way to obtain and maintain for its and/or their own benefit, patents for all such inventions, discoveries and improvements and copyrights for all such designs. This Agreement does not obligate Employee to assign to August Technology any invention, discovery, improvement or design for which no equipment, supplies, facility or trade secret information of August Technology or any subsidiary was used and which was developed entirely on Employee's ’s own time, and (1) which does not relate (a) directly to the business of August Technology or any subsidiary, or (b) to August Technology's ’s or any subsidiary's ’s actual or demonstrably anticipated research or development, or (2) which does not result from any work performed by Employee for August Technology or any subsidiary.