APKT » Topics » 2.1 Definitions .

This excerpt taken from the APKT 8-K filed Feb 7, 2008.

2.1  Definitions.


Confidential Information means (a) all Information acquired by Employee from the Company, its other employees, its suppliers or customers, its agents or consultants, or others, during Employee’s employment by the Company, that relates to the present or potential businesses, products or services of the Company, as well as any other Information (as defined below) as may be designated by the Company as confidential or that a reasonable



person would understand from the circumstances of the disclosure to be confidential; (b) all Information created or acquired by Employee in the course of any Included Activity (as defined in Section 3.1); and (c) all Derivative Information.


Derivative Information means all copies, digests, summaries of Information, as well as feedback, suggestions, improvements or other Creations (as defined in Section 3.1) derived from the Information.


Information means all forms and types of financial, business, marketing, operations, scientific, technical, economic and engineering information, whether tangible or intangible, including without limitation, patterns, plans, compilations, devices, formulas, designs, prototypes, methods, techniques, processes, procedures, programs, codes, know-how, computer software, databases, product names or marks, marketing materials or programs, plans, specifications, shop-practices, customer lists, supplier lists, engineering and manufacturing information, price lists, costing information, employee and consulting relationship information, accounting and financial data, profit margin, marketing and sales data, strategic plans, trade secrets and all other proprietary information, irrespective of the Medium in which such Information is memorialized or communicated.


Medium (Media) means any communications or storage medium, regardless of method of storage, compilation or memorialization, if any, including without limitation, physical storage or representation (including models and prototypes), electronic storage, graphical (including designs and drawings) or photographic representation, or writings and in the case of information that is not stored or otherwise memorialized, oral communication.


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