Common use of Proprietary Information and Non Competition Clause in Contracts

Proprietary Information and Non Competition. 6.1 As used herein, the term “Proprietary Information” refers to (i) any and all information of a confidential, proprietary, or secret nature which is or may be either applicable to, or related in any way to (A) the business, present or future, of the Group, or of other companies with which the Group has a business relationship (collectively, “Associated Companies”), (B) the research and development or investigations of the Group, or (C) the business of any customer of the Group, as well as to (ii) any and all factual information that the Group is using, in the development of any products, processes, technology or equipment, or in general, certain information which, in and of itself, is not confidential, but the Group’s utilization of which is confidential, which (iii) is disclosed to Employee during the course of his employment with the Group, or was disclosed to Employee prior to and in connection with his employment with the Group, including, without limitation, during the recruiting process. Proprietary Information includes, for example and without limitation, software programs, trade secrets, processes, formulas, data, know-how, any and all passwords, copyrights, modeling techniques or concepts which have been extracted through use of modeling techniques, improvements, inventions, techniques, marketing plans and strategies, information concerning customers or vendors, and factual information that the Group is using non-confidential information in a certain way. Proprietary Information does not, however, include information obtained legally through public sources. Please be advised that any information about which the Employee is not certain should be treated as proprietary information; all information will be deemed confidential unless otherwise explicitly set forth in writing.