same legal force and effect as if Service Provider had executed them. Service Provider agrees that this power of attorney is coupled with an interest.
5.5Service Provider has no right or license to use, publish, reproduce, prepare derivative works based upon, distribute, perform, or display any Deliverables. Service Provider has no right or license to use the Company’s trademarks, service marks, trade names, trade names, logos, symbols, or brand names, or to issue any public statements regarding this Agreement or its business relationship with the Company absent the Company’s prior written consent.
5.6Service Provider shall require each of its employees and contractors to execute written agreements securing for the Company the rights provided for in this Section 5 prior to such employee or contractor providing any Services under this Agreement.
6.1Definitions. Service Provider understands and acknowledges that, during of the course of his performance under this Agreement, he will have access to certain non-public information that is considered highly valuable and confidential by the Company, including without limitation: (a) the existence and terms of this Agreement; (b) trade secrets, patents and patent applications; (c) information, ideas, techniques, sketches, drawings, works of authorship, models, inventions, know-how, processes, apparatuses, equipment, algorithms, software programs, software source documents, and formulae related to the business operations and strategies, customers, investors, pricing, sourcing, personnel or operations of the Company, its affiliates, or its Service Providers or customers, in each case whether spoken, written, printed, electronic, or in any other form or medium; and (d) all other information that Service Provider knew, or reasonably should have known, was the Confidential Information of the
6.2Company (collectively, the “Confidential Information”). Any Confidential Information that Service Provider develops in connection with the Services, including but not limited to any Deliverables, shall be subject to the terms and conditions of this clause.
6.3Obligations. Service Provider agrees to: (a) treat all Confidential Information as strictly confidential; (b) not to disclose Confidential Information or permit it to be disclosed, in whole or part, to any third party without the prior written consent of the Company in each instance; and (c) not to use any Confidential Information for any purpose except as required in the performance of the Services. Service Provider shall notify the Company immediately in the event Service Provider becomes aware of any loss or disclosure of any Confidential Information. Upon the Company’s written request, Service Provider shall promptly return all documents and other materials received from the Company, including any Confidential Information. In addition to all other relief afforded under this Agreement, the Company shall be entitled to injunctive relief for any breach or threatened breach of this Section.
6.4Confidential Information shall not include information that:
(a)is or becomes generally available to the public other than through Service Provider’s breach of this Agreement; or