INVENTIONS AND ANY COPYRIGHTS, PATENTS, MASK
WORK RIGHTS OR OTHER INTELLECTUAL PROPERTY RIGHTS RELATING THERETO IN ANY AND
ALL COUNTRIES, INCLUDING, BUT NOT LIMITED TO, 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 THAT
THE COMPANY DEEMS 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 EXECUTIVE'S 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 AFTER A REASONABLE ATTEMPT TO OBTAIN HIS SIGNATURE TO APPLY
FOR OR TO PURSUE ANY APPLICATION FOR ANY UNITED STATES OR FOREIGN PATENTS OR
COPYRIGHT REGISTRATIONS COVERING ANY 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
EXECUTIVE'S AGENT AND ATTORNEY IN FACT, TO ACT FOR AND IN HIS BEHALF AND STEAD
TO EXECUTE AND FILE ANY SUCH APPLICATIONS AND 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.
7
(F)
EXCEPTION TO ASSIGNMENTS.
EXECUTIVE UNDERSTANDS THAT THE
PROVISIONS OF THIS AGREEMENT REQUIRING ASSIGNMENT OF INVENTIONS TO THE COMPANY
DO NOT APPLY TO ANY INVENTION THAT EXECUTIVE HAS DEVELOPED ENTIRELY ON HIS OWN
TIME WITHOUT USING THE COMPANY'S EQUIPMENT, SUPPLIES, FACILITIES, TRADE SECRET
INFORMATION OR CONFIDENTIAL INFORMATION (AN "OTHER INVENTION") EXCEPT FOR THOSE
OTHER INVENTIONS THAT EITHER (I) RELATE AT THE TIME OF CONCEPTION OR REDUCTION
TO PRACTICE OF SUCH OTHER INVENTION TO THE COMPANY'S BUSINESS, OR ACTUAL OR
DEMONSTRABLY ANTICIPATED RESEARCH OR DEVELOPMENT OF THE COMPANY, OR (II) RESULT
FROM ANY WORK THAT EXECUTIVE PERFORMED FOR THE COMPANY.
EXECUTIVE WILL ADVISE
THE COMPANY PROMPTLY IN WRITING OF ANY INVENTION THAT EXECUTIVE BELIEVES
CONSTITUTES AN OTHER INVENTION AND IS NOT OTHERWISE DISCLOSED ON EXHIBIT F.
EXECUTIVE AGREES THAT HE WILL NOT INCORPORATE, OR PERMIT TO BE INCORPORATED, ANY
OTHER INVENTION OWNED BY EXECUTIVE OR IN WHICH EXECUTIVE HAS AN INTEREST INTO A
COMPANY PRODUCT, PROCESS OR SERVICE WITHOUT THE COMPANY'S PRIOR WRITTEN
CONSENT.
NOTWITHSTANDING THE FOREGOING SENTENCE, IF, IN THE COURSE OF
EXECUTIVE'S EMPLOYMENT WITH THE COMPANY, EXECUTIVE INCORPORATES INTO A COMPANY
PRODUCT, PROCESS OR SERVICE AN OTHER INVENTION OWNED BY EXECUTIVE OR IN WHICH
EXECUTIVE HAS AN INTEREST, EXECUTIVE HEREBY GRANTS TO THE COMPANY A
NONEXCLUSIVE, ROYALTY-FREE, FULLY PAID-UP, IRREVOCABLE, PERPETUAL, WORLDWIDE
LICENSE TO MAKE, HAVE MADE, MODIFY, USE AND SELL SUCH OTHER INVENTION AS PART