B.    Confidential information

Apple’s success is a direct result of its technologically innovative products.  The company’s continued success and growth depends on our ability to preserve the confidentiality of our confidential, proprietary and trade secret information, as well as that of others in our possession.  Each Apple employee has the duty to respect and protect the confidentiality of all such information.  Employees (including temporary workers, consultants and independent contractors) are expected to read and to comply with Apple’s information protection practices, including information classification, and procedures for handling confidential information. Employees must also comply with Apple’s policies with respect to personal information of our customers, in addition to complying with all applicable laws governing Apple’s use of such personal information, worldwide.

No Apple employee, employee of a temporary agency, or independent contractor shall disclose any Apple confidential, proprietary, or trade secret information to an outside party unless an authorized Apple representative has previously signed an appropriate agreement or license approved by the Apple Law Department.  No Apple employee, employee of a temporary agency, or independent contractor shall use or disclose to any other party any confidential, proprietary, and trade secret information in Apple’s possession belonging to a third party unless authorized by the third party to do so, and until the party receiving the information has signed an appropriate confidentiality agreement with Apple.

To protect Apple’s interests in its research and development investment, any unsolicited third-party confidential information sent to Apple must be refused or, if inadvertently received by an Apple employee, sent to the Apple Law Department for appropriate disposition. Employees must be careful not to use or disclose, at Apple, information of former employers or other third parties.

7.1           The terms and conditions and the existence of this Term Sheet are “Confidential Information” subject to the terms and conditions of the confidentiality agreement signed by the Designee and Apple. Designees shall not disclose the terms and conditions of this Term Sheet to any third party without the prior written consent of both IBM and Apple.

8.0          

B.    Confidential information