Common use of RESTRICTION OF USE OF PROPRIETARY MATERIAL Clause in Contracts

RESTRICTION OF USE OF PROPRIETARY MATERIAL. Franchisee acknowledges that much of the information and written materials provided by V2K to Franchisee is confidential information of V2K, constitutes trade secrets, and remains the sole and exclusive property of V2K. Confidential information includes: (1) methods of operation of V2K businesses; (2) information about products, services, or procedures before they become public knowledge; (3) other information disclosed to Franchisee through confidential notifications and the Manuals. However, information generally known to the public or in the window fashions industry is not confidential; but if such knowledge is the result of disclosure by Franchisee, Franchisee will be liable for breach of this Agreement. Franchisee and each of Franchisee's principals, employees or agents shall not, during the term of this Agreement and thereafter, communicate or divulge to, or use for the benefit of, any other person, persons or entity any confidential information of V2K. Franchisee and each of Franchisee's principals shall divulge such confidential information only to Franchisee's employees and other personnel as must have access to it in order to assist in the Franchise operations. Neither Franchisee nor Franchisee's principals, employees or other representatives shall at any time, without V2K's prior written consent, copy, duplicate, record or otherwise reproduce such materials or information, in whole or in part, nor otherwise make the same available to any unauthorized person. The covenant set forth in this Section shall survive the expiration or termination of this Agreement and shall be perpetually binding upon Franchisee and each of Franchisee's principals, employees and other representatives.