8. I recognize that the Company is engaged in a continuous program of research, development, and production respecting its business. The Company possesses or has rights to information that has been created, discovered, developed, or otherwise become known to the Company (including information developed by, discovered by, or created by me which arises out of my consulting relationship with the Company) and has commercial value in its business (Proprietary Information). For example, Proprietary Information includes, but is not limited to, software programs, other computer programs and copyrightable material, technical drawings, product ideas, trade secrets, concepts for resolving software development issues, data and know-how, inventions (whether patentable or not), improvements, marketing plans, and customer lists.
9. I understand that my consulting relationship creates a relationship of confidence and trust between me and the Company with respect to any: (i) Proprietary Information; and (ii) confidential information applicable to the activities of any content provider, distribution partner, or customer of the Company or other entity with which the Company does business that I learn in connection with my consulting relationship. At all times, both during my consulting relationship with the Company and after its termination, I will keep in confidence and trust all such information, and I will not use or disclose any such information without the written consent of the Company, except as may be necessary in the ordinary course of performing my duties to the Company. This obligation shall end whenever such information enters the public domain and is no longer confidential or proprietary through no improper action or inaction by me.
10. In addition, I hereby agree:
(a) All Proprietary Information shall be the sole property of the Company and its assigns, and the Company and its assigns shall be the sole owner of all patents, copyrights, and other rights in connection therewith. I hereby assign to the Company any rights I may have or acquire in such Proprietary Information. At all times, both during my services as a consultant with the Company and after its termination, I will keep all Proprietary Information in confidence and trust, and I will not use or disclose any Proprietary Information or anything relating to it without the written consent of the Company, except as may be necessary in the ordinary course of performing my duties to the Company.
(b) All documents or other media, records, apparatus, equipment, and other physical property, whether or not pertaining to Proprietary Information, furnished to me by the Company or produced by me or others in connection with my consulting relationship shall be and remain the sole property of the Company. I shall return and deliver all such property of the Company immediately as and when requested by the Company. I shall return and deliver all such property (including any copies thereof) upon request and, even without any request, upon termination of my consulting.
(c) During my consulting relationship, I will not engage in any business activity that is related to the subject matter of my consulting with the Company.
(d) I will promptly disclose to the Company all improvements, inventions, works of authorship, trade secrets, computer programs, designs, formulas, mask works, ideas, processes, techniques, know-how and data, whether or not patentable (Inventions), that relate to the subject matter of my consulting and which are conceived, developed, or learned by me, either alone or jointly with others, during the term of my consulting relationship.