This excerpt taken from the XMSR 8-K filed Feb 14, 2007.
SECTION 1.01. Terms Defined in this Participation Agreement. Except as otherwise defined herein, capitalized terms used herein, for all purposes hereof, shall have the respective meanings assigned thereto in Appendix A, which also contains rules as to usage that shall be applicable herein.
This excerpt taken from the XMSR 8-K filed Jul 24, 2006.
For purposes of this Agreement, the terms defined in this Article 1 shall have the respective meanings set forth below:
1.1. Affiliate shall mean any corporation, partnership or other entity controlling, controlled by, or under common control with XM; provided, however, that no entity that holds capital stock of XM Satellite Radio Holdings Inc. and/or with board representation rights incidental to such holdings shall be deemed to be an Affiliate of XM for purposes of this Agreement. For purposes of this definition, control (including the terms controlling and controlled) means the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of securities, by contract, or otherwise.
1.2. Confidential information shall mean all information relating to the business of XM known to XM or learned by EMPLOYEE during the term of employment and not generally known, including any and all general and specific knowledge, experience, information and data, technical or non-technical, and whether or not patentable, including, without limitation processes, skills, information, know-how, trade secrets, data, designs, formulae, algorithms, specifications, samples, methods, techniques, compilations, computer programs, devices, concepts, inventions, developments, discoveries, improvements, and commercial or financial information, in any form, including without limitation, oral, written, graphic, demonstrative, machine recognizable, specimen or sample form.
1.3. Conflicting Product or Service shall mean any product or service of any person or organization other than XM, in existence or under development, which resembles or competes with a product or service of XM.
1.4. Conflicting Organization shall mean any person or organization engaged in research on or development, production, marketing, or selling of a Conflicting Product or Service.
1.5. Inventions shall mean inventions, designs, discoveries, developments, creations, and improvements created, discovered, developed, conceived or reduced to practice.
1.6. Works of Authorship shall mean all computer software programs or other writings, including, without limitation, verbal works, designs, models, drawings, or audio, visual or audiovisual recordings.