Free Affidavit in Opposition to Motion - District Court of California - California

Case 3:O7—cv—O2748-I\/IHP Document 27-3 Filed O7/06/2007 Page 1 0f3
’ EXHIBIT A

Case 3:O7—cv—O2748-I\/IHP Document 27-3 Filed O7/06/2007 Page 2 of 3
‘ 2
5. Covgfidmztiafiiy Obligations. {fusing and after my employment with the Company, I will not (s)
disclose, directly or indirectly, any Confidwttiel Infomation to euycme outside of the Company or
- to any employees of the Company not suthotrized te tceive such infomation (including, but not
limited, emy future employer or contractor) mr {la) use any Confidential information other than as
may be necessary tu performmy duties at the C0m;;;ve1ty. In no event, at any time, will I discEose any
Confidential Infomnetiore tc, or use any Confidential Information for the benefit of, amy ctureut
l or future competitor, supplier, vendor: or client of the Company, whether cm behalf of myoeif,
any subsequent employer, or any other parser: or entity.
6. Dm·m*z'tm. With respect to Trade Secrets, my Obligations under paragraph 5 shall continue
indefinitely or until such Trade Secret information hesbeen made available generally te the public
either by the Company er by za thirzzl party with the C0mpe.uy's cement or is otherwise not
considered at Trade Secret under Cs Eitfomia law-. Wi th respect to Clonfid entisl information whlchl is
not a Trade Secret (herein referred to ss l'*Proprietaz·y Iraf0t·nmation"}, my obligmiens under `
paragraph 5 shell continue in duration until the first to occur of the following: (e) {ive (5) years
has elapsed since termirmtion of my employment with the Company for soy reason, or C:) the
Proprietary Intotmstiom has been made available generally to the public ei therlsy the Company or
by an third petty with the Compeuye txmsent. ‘
7. Geographic Scope. I understand that the Company has sales and operations facilities throughout
the United States and in e nwnbet of foreign countries, that it pumheeea equipment and materials
from suppliers located throughout th world, and that it expects to expeztd the scope of its
intemstiortel activities in the future. I therefor agree that my obligations under paragraph 5
shall extend worldwide.
8. Fm·:ms:· Employers. I acltnewledge that the Company expects me to respect and sa Eeguere. the trade
secrets and confidential in lE¤;>tmati¤n of my former employers. E have not and will not disclose to the
· Company, use in the Comparsye busirwse, or cause the Company te use, any information, or materi sl
that ie eonfidentiel to may foemer employer, useless such information is no longer cmtficlential or the
Company ori have obtained the wriuea consent of such former employer to do $0.
9, Return of Property. Upon termination of my employment with the Company or upon the Companyls
request, I will deliver to the Company all the Compeznye property in my possession, including
trgoteboelce, reports, manuals, prograumrting data, iiatings and materials, xxustomer, vendor and
supplier lists and contact infetrnetlezx, engineering or patent drawi.n_gs, patent applications, any
other documents, file or materials which contain, mention or relate to Confidential Infomation,
and all copies and summaries of such material wheth er in hu.men—— or m.ac11ine—rea‘d able-only §o:·m.,
that {may have er that may come imzomy tustedy while employed by the Ccrmpeny.
_ IU. I·Ees£r·f»:t€t2e Cetsetzrmts.
(a) While employed by the Company and for a period of twenty-
tour {Ee) mouths from the date ef termination of my employment with the Company for any meson, -
I shall net directly or indimctiy solicit, induce or enceurege any the Company employee(s) te
terminate their employment with the Company or to accept employment with any competitor,
supplier or client of the Company, rnorshall I cooperate with any oth ers in doing or attempting to do
ee. As used herein, the term "solicit, induce or encetxmge" includes, butte mot limited te, {l)
inttisting commmiestions with at the Company employee relating to possible employment, (ii)
‘ offering bonuses er additional cempensetton to encourage the Cempanye employees te temtiuste
their employment with the Company sud accept employment with e competitor, supplier or ciieut
ef the Company, or (iii) referring the Compsmye employees to petsemrel op agents employe.;} by
competitors, suppliers or clients ef the Company. l
For ez period of twenty-four (24) months
from the date of teminatlon of my employment with the Company fer any reason, I shell not,
Q 2006 Creative Marketing Concepts, Private Sa: Ccmtldential g

Case 3:O7—cv—O2748-I\/IHP Document 27-3 Filed O7/06/2007 Page 3 of 3
3
either directly or indirectly, as at principal, agent, contractor, employee, employer, partner or
shzireholder (other than as an owner of 2% or less of the stock of a public corporation) or in any
other onpecity, either solicit or engage in the lameineee engaged in by the Company oe of the date of
tenninetion of my employment ("CMC Business"} with ony current or prospective client, vencfor oi:
supplier which wes e cement or prospective client, vendor oi- supplier, of the Company within the
twelve (12}mm1ths immecii nicely preceding my termination. ` i
(it:) I ecimowlcdge that the restrictions set forth in this paragraph will not prevent me from
obtaining geinfui employment fol lowing terminetion of my onpioyment with the Compeny.
(cillin the event that eny provieionof this peregirep I1 is held to be unite eeonebie, e court may modify
ouch provision in any manner which results in en enforceable restriction.
11, injunctive Reiieji I acknowledge that my vioietion of the foregoing conficientiality, non—eolicii·ation ,
and non—oom.petiiion obligations wil}. eouoo the Company irreparable hewn. 1 agree that the
Company is entitled to protection from such violations, including protection by injunctive relief, in
· _ addition to other remedies available wider the few. -
12. Definition of Deoeiopnzents. For purposes of this Agreement, "DcveIopmeiots" shoii mean all ,
inventions, dieoovetiee, oeveiopmetxte, improvements, works of authorship and computer p.1:og1ra.o1s,
ideas, concepts, enhancements, writings, graphics, designs, 1`I'EOd€}S, artwork, code, routinezs,
compilations end related i;iocumeaitet.ion (collectively, "BeveIopm,einte") that m= or have been
mode, conceived, first reduced to practice or Ieemecl by me either solely or jointly with another or
othere while empioyed by the Company, inoluciing prior to che date hereof, whether or not they
are pntentelziie, copyrightobie or subject to trade secret protection,.
13. Discfosnre of Denoiopnzenis. {wil} disclose promptly to the Company all Deveiopmente, including,
to the extent not already done eo, my Development made, conceiveci, first reduced to practice or
learned by me either solely oi joiniiy with another or others both prior to oz eftet the date of this
h Agreement.
14. Ownership of Deociopinenis. I egzsee thai, except es otherwise provided in paragraph 16 hereof, all
Iiievelopznenoa shot! be the sole and exclusive property of the Coxnpemy. Any Development for
which copyright protection ie eveiieiale shall be coosideisecl aa work made for hire. I agree to assign
and do hereby assign, convey and transfer to the Company, or to some other legal entity
{“’*Aeeignee”) designeted by the Company, ali of my right, title and interest in end to ell
Deveiopm.enie in eil media throughout the world in perpetuity. Without limiting the foregoing, I
hereby assign, convey and transfer to the Company or an Aseigiee ell of my right, title end interest
in and to any Developments (other than Exciucieci Developinents, as defined below) created, prior to
time Agreement. iiutther agree to waive any inorei or eimiiee rights to the Developments.
15. Proteeiieit of Deoeiopwzents. The Company or Assignee oheii have the right to me the Developments
and obtain Letters Patent, Copyrights (ee auirhor or assignee) or other statutory or common law
proteotiomi for Deve-Eopmeno in any end eil countries. I will provide the Company or Assignee oooh
assistance ee may be requested in oi-der for the Company to obtain or otherwise secure, end from
time to time enforce, U6. or iioreign Letters Potent, copyrights or other statutory or common low
protections for Developmeznts, inciuding the execution of eny and ell documents thet the Company
oz: Assignee may wish to use or obtain or otherwise senate or enforce oooh rights, together with eny
assignments thereof to the Company orAeoip1•.=:e, and to the successors, end assigns of the Company
· or Assignee, transferring oil of my right, title and interest in any Development, and the right to
apply for or otherwise obtain any ouch rights. the Company or Aeeignee sha 11 have the sole right
i to cietcmnine what action, ir? any, to take with reepect to any Development. If I emtuneveileble for
any reason, I hereby appoint the Company, ee my agent and etiomeye-in-feet, to execute and file
any ¤:ioc¤ment(s) end to do eil other nots to establish the Compenye or Aeeigneee ovmereitip in, end
® 2-096 Cneetivo Marketing Conceove, Private 8: Cooiridemiei 3

Case 3:07-cv-02748-MHP

Document 27-3

Filed 07/06/2007

Page 1 of 3

Case 3:07-cv-02748-MHP

Document 27-3

Filed 07/06/2007

Page 2 of 3

Case 3:07-cv-02748-MHP

Document 27-3

Filed 07/06/2007

Page 3 of 3