or to pursue any application for any United States or foreign patent, trademark, copyright or other registration covering Inventions assigned to the Company as above, then Consultant hereby irrevocably designates and appoints the Company and its duly authorized officers and agents as Consultant’s agent and attorney-in-fact, to act for and in Consultant’s behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the prosecution and issuance of letters patent or trademark, copyright or other registrations thereon with the same legal force and effect as if executed by Consultant.
7.3.Pre-Existing Materials. Consultant agrees that if in the course of performing the Consulting Services, Consultant incorporates into any Invention developed hereunder any invention, improvement, development, software code, concept, discovery or other proprietary information owned by Consultant or in which Consultant has an interest: (a) Consultant shall obtain the Company’s approval in writing before incorporating such invention, improvement, development, software code, concept, discovery or other proprietary information into any Invention; and (b) the Company is hereby granted and shall have a nonexclusive, royalty-free, perpetual, irrevocable, worldwide license to make, have made, copy, create derivative works of, modify, use, sell and otherwise commercialize in any manner such item as part of or in connection with such Invention (and derivatives, modifications and enhancements thereof). Consultant shall not incorporate any invention, improvement, development, software code, concept, discovery or other proprietary information owned by any third party into any Invention without the Company's prior written permission.
7.4.Warranty. Consultant hereby warrants that: (a) all Inventions will be the original work of Consultant and/or the subcontractors to Consultant; (b) the Inventions will not infringe the copyright, patent, trade secret, or any other intellectual property right of any third party; (c) the Inventions will not be obscene, libelous, or violate the right of privacy or publicity of any third party; and (d) Consultant will not intentionally insert in any Inventions any virus, trap door, worm, or any other device that is injurious or damaging to software or hardware.
7.5.Use of Subcontractors. Consultant may not use subcontractors to perform the Consulting Services except with the Company’s consent in its sole and absolute discretion.
7.6.Additional Obligations. Consultant acknowledges and agrees that Consultant’s obligations under Section 7 are in addition to, and not in lieu of, Consultant’s obligations with respect to Inventions as a former employee of the Company.
8.Return of the Company Property. Promptly upon the expiration or termination of this Agreement or upon the Company’s request at any time, Consultant shall deliver to the Company (and will not keep in Consultant’s possession or deliver to anyone else) all Confidential Information and all devices, records, data, notes, reports, proposals, lists, correspondence, specifications, drawings, blueprints, sketches, materials, equipment, other documents or property, or reproductions of any aforementioned items developed by Consultant in connection with the Consulting Services or otherwise belonging to the Company. Consultant shall not remove any Company property from the premises of the Company without written authorization from the Company. Consultant acknowledges and agrees that Consultant’s obligations under this Section 8