IN THE UNITED
STATES COPYRIGHT ACT.
EXECUTIVE UNDERSTANDS AND AGREES THAT THE DECISION
WHETHER OR NOT TO COMMERCIALIZE OR MARKET ANY INVENTION DEVELOPED BY EXECUTIVE
SOLELY OR JOINTLY WITH OTHERS IS WITHIN THE COMPANY'S SOLE DISCRETION AND FOR
THE COMPANY'S SOLE BENEFIT AND THAT NO ROYALTY WILL BE DUE TO EXECUTIVE AS A
RESULT OF THE COMPANY'S EFFORTS TO COMMERCIALIZE OR MARKET ANY SUCH INVENTION.
4.3
INVENTIONS ASSIGNED TO THE UNITED STATES.
EXECUTIVE AGREES TO ASSIGN TO THE UNITED STATES GOVERNMENT ALL HIS RIGHT, TITLE,
AND INTEREST IN AND TO ANY AND ALL INVENTIONS WHENEVER SUCH FULL TITLE IS
REQUIRED TO BE IN THE UNITED STATES BY A CONTRACT BETWEEN THE COMPANY AND THE
UNITED STATES OR ANY OF ITS AGENCIES.
4.4
MAINTENANCE OF RECORDS.
EXECUTIVE AGREES TO
KEEP AND MAINTAIN ADEQUATE AND CURRENT WRITTEN RECORDS OF ALL INVENTIONS MADE BY
EXECUTIVE (SOLELY OR JOINTLY WITH OTHERS) DURING THE PERIOD OF HIS EMPLOYMENT
WITH THE COMPANY.
THE RECORDS WILL BE IN THE FORM OF NOTES, SKETCHES, DRAWINGS,
AND ANY OTHER FORMAT THAT MAY BE SPECIFIED BY THE COMPANY.
THE RECORDS WILL BE
AVAILABLE TO AND REMAIN THE SOLE PROPERTY OF THE COMPANY AT ALL TIMES.
4.5
PATENT AND COPYRIGHT REGISTRATIONS.
EXECUTIVE
AGREES TO ASSIST THE COMPANY, OR ITS DESIGNEE, AT THE COMPANY'S EXPENSE, IN
EVERY PROPER WAY TO SECURE THE INTELLECTUAL PROPERTY RIGHTS RELATING THERETO IN
ANY AND ALL COUNTRIES, INCLUDING THE DISCLOSURE TO THE COMPANY OF ALL PERTINENT
INFORMATION AND DATA WITH RESPECT THERETO, THE EXECUTION OF ALL APPLICATIONS,
SPECIFICATIONS, OATHS, ASSIGNMENTS AND ALL OTHER INSTRUMENTS WHICH THE COMPANY
SHALL DEEM NECESSARY IN ORDER TO APPLY FOR AND OBTAIN SUCH RIGHTS AND IN ORDER
TO ASSIGN AND CONVEY TO THE COMPANY, ITS SUCCESSORS, ASSIGNS, AND NOMINEES THE
SOLE AND EXCLUSIVE RIGHTS, TITLE AND INTEREST IN AND TO SUCH INVENTIONS, AND ANY
COPYRIGHTS, PATENTS, MASK WORK RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS
RELATING THERETO.
EXECUTIVE FURTHER AGREES THAT HIS OBLIGATION TO EXECUTE OR
CAUSE TO BE EXECUTED WHEN IT IS IN HIS POWER TO DO SO, ANY SUCH INSTRUMENT OR
PAPERS SHALL CONTINUE AFTER THE TERMINATION OF THIS AGREEMENT.
IF THE COMPANY
IS UNABLE BECAUSE OF EXECUTIVE'S MENTAL OR PHYSICAL INCAPACITY OR FOR ANY OTHER
REASON TO SECURE EXECUTIVE'S
3
signature to apply for or to pursue any application for any United States or
foreign patents or copyright registrations covering Inventions or original works
of authorship assigned to the Company as above, then Executive hereby
irrevocably designates and appoints the Company and its duly authorized officers
and agents as his agent and attorney in fact, to act for and in Executive's
behalf and stead to execute and file any such applications an to do all other
lawfully permitted acts to further the prosecution and issuance of letters
patent or copyright registrations thereon with the same legal force and effect
as if executed by Executive.
4.6
EXCEPTION TO ASSIGNMENTS.
EXECUTIVE
UNDERSTANDS THAT THE PROVISION OF THIS AGREEMENT REQUIRING ASSIGNMENT OF
INVENTIONS TO THE COMPANY DO NOT APPLY TO ANY INVENTION