Common use of Preservation of Confidence Clause in Contracts

Preservation of Confidence. In order to preserve Employee's proprietary rights in any unpatented or unpublished reserved Creations, Emulex shall keep in confidence all information provided by Employee pertaining to any reserved Creation, unless the information: (1) is already known to or in the possession of Emulex; (2) is or becomes publicly known through no wrongful act of Emulex; (3) is rightfully received by Emulex from a third party without breach of any obligation to Employee; (4) is approved for release by written authorization of Employee; (5) is distributed or made available to others by Employee without restriction as to use or disclosure; or (6) is developed independently by Emulex through persons not involved with information received by Emulex from Employee.