December 2, 2008 Jo Murciano c/o Double-Take Software SAS 116-118 Avenue Paul Doumer 92500 Rueil Malmaison France Dear Jo,Letter Agreement • December 8th, 2008 • Double-Take Software, Inc. • Services-prepackaged software • Massachusetts
Once executed by both parties, this letter agreement (this “Letter Agreement”) will constitute an agreement between Double-Take Software, Inc. (the “Company”) and you with respect to certain payments and benefits that may become payable to you in connection with a termination of your tenure as Président of Double Take France SAS, (the “Subsidiary”) the wholly-owned French subsidiary of the Company, without Cause (as defined in Section 1). For purposes of this Letter Agreement, the “Effective Date” shall be the date first set forth above.
NON-DISCLOSURE CONFIDENTIALITY AND INTELLECTUAL PROPERTY ASSIGNMENT AGREEMENT Double-Take Software, Inc.Non-Disclosure and Confidentiality Agreement • December 8th, 2008 • Double-Take Software, Inc. • Services-prepackaged software • Massachusetts
Jo Murciano (hereinafter referred to as the “executive”) hereby acknowledges that Double-Take Software Inc. (the “Company”), together with its subsidiaries and their respective predecessors (hereinafter referred to collectively as the “Corporation”), is engaged in the business of developing, selling, distributing, supporting, installing and servicing computer related software. The executive and the Corporation agree that the operation of the business and performance of the work of the Corporation involves special skills, knowledge, trade secrets, special techniques, procedures, and names and addresses of the customers, past and present, of the Corporation. The executive acknowledges that he is serving as an officer of the Company and is the Président of Double-Take Software SAS, a wholly-owned subsidiary of the Company (collectively, the “Service”) with the express understanding that all of the foregoing shall not be divulged or otherwise disclosed to anyone at any time.
