CONFIDENTIAL INTELLECTUAL PROPERTY. CUSTOMER acknowledges that the Manual contains intellectual property (“IP”) which is confidential and proprietary information of 3M. CUSTOMER will treat the Manual and its contents as the confidential, proprietary information of 3M. CUSTOMER will immediately notify 3M if CUSTOMER has knowledge that any unauthorized party is in possession of any portion of the Manual (or any copy) or gives evidence of unauthorized use of its contents.
CONFIDENTIAL INTELLECTUAL PROPERTY. During the period in which this Agreement is in effect and thereafter, Employee shall not make or permit the making of any unauthorized disclosure, distribution, publication or use of any Intellectual Property of a confidential or trade secret nature (the "Confidential Intellectual Property") known to Employee; provided, however, that Employee may disclose, distribute, publish or use any Confidential Intellectual Property in situations in which and to the extent that the disclosure, distribution, publication or use thereof either (a) is necessary for the performance of his obligations hereunder or (b) is required to be disclosed in connection with a bona fide legal proceeding or governmental investigation, provided that Employee shall limit the disclosure, distribution, publication and use of such Confidential Intellectual Property to the maximum extent practicable under the circumstances. For the purposes hereof, the term "Confidential Intellectual Property" includes any and all Intellectual Property not generally known or available to the public relating or belonging to the Company or belonging to other parties to whom the Company may have an obligation of confidence.
CONFIDENTIAL INTELLECTUAL PROPERTY. CUSTOMER acknowledges that the Materials contains confidential and proprietary information of 3M in addition to Third Party Content. CUSTOMER will treat the Materials and its contents as the confidential, proprietary information of 3M. CUSTOMER will immediately notify 3M if CUSTOMER has knowledge that any unauthorized party is in possession of any portion of the Materials (or any copy) or gives evidence of unauthorized use of its contents.
CONFIDENTIAL INTELLECTUAL PROPERTY. DKI has identified for Adaptec and provided Adaptec an opportunity to review all material trade secrets, draft patent applications, product development plans, computer source code and other material Intellectual Property owned by DKI which is not generally available to the public or customers of DKI ("Confidential Intellectual Property"). DKI has taken all actions that are customary, necessary or reasonable to protect the confidentiality of the Confidential Intellectual Property and the enforceability of any trade secrets with respect thereto, including without limitation, the marking of all material confidential or proprietary information with appropriate "Proprietary" or "Confidential" legends, the establishment of policies for the handling, disclosure and use of such property and the acquisition of written non-disclosure agreements from every party receiving such property. No Confidential Intellectual Property has been made available to any party except employees or contractors of DKI who have signed a confidentiality agreement in substantially the form attached to Schedule 3.16(b) and who have taken customary, necessary or reasonable steps to prevent disclosure of such property. Schedule 3.16(b)of the DKI Disclosure Schedule lists all locations at which backup copies of Confidential Intellectual Property have ever been stored, and DKI has arranged for Adaptec to recover or destroy any such copies following the Closing. Schedule 3.16(b) also lists all individuals or entities that currently have a copy of or access to any Confidential Intellectual Property other than on the premises of DKI's main office and lists all individuals or entities with a copy of or access to any significant portion of DKI's computer source code.
CONFIDENTIAL INTELLECTUAL PROPERTY. Avidia has taken reasonable actions to protect the confidentiality of the Confidential Intellectual Property and the enforceability of any trade secrets with respect thereto, including without limitation and as appropriate in each instance, the acquisition of written nondisclosure agreements from those parties to whom Avidia has made an authorized disclosure and who would not otherwise have a common law or other legal duty or obligation of non-disclosure. In addition, Avidia has taken steps reasonably calculated to protect the confidentiality of other Intellectual Property owned by Avidia which is not generally available to the public or customers of Avidia. Except as disclosed on Schedule 3.16(b), each employee of Avidia has signed a written proprietary information and inventions agreement substantially in the form attached to Schedule 3.16(b) and each consultant of Avidia has signed a written nondisclosure agreement substantially in the form attached to Schedule 3.16(b). Except as disclosed on Schedule 3.16(b), to the best of Avidia's knowledge, no party that has signed a proprietary information and inventions agreement or nondisclosure agreement is in violation of the confidentiality provisions of that agreement.
CONFIDENTIAL INTELLECTUAL PROPERTY. All right, title and interest in and to the Service, and all copyrights, patents, trademarks, service marks, trade secrets, contracts, policies, technical artifacts, or other intellectual property or proprietary rights relating thereto, belong exclusively to Company. Customer will not directly or indirectly reverse engineer, decompile, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how or algorithms relevant to the Services or any K12 Panel materials. Customer will not modify, translate, or create derivative works based on the Service. Company Service and associated intellectual property are confidential. Customer will not communicate or discuss Company intellectual property with third parties.
