conscious recklessness of the Employee.
11.
CONFIDENTIALITY; INTELLECTUAL PROPERTY AND OWNERSHIP OF WORK
PRODUCT
(A)
THE EMPLOYEE SHALL NOT APPROPRIATE FOR HIS OWN USE, DISCLOSE, DIVULGE,
FURNISH, OR MAKE AVAILABLE TO ANY PERSON, UNLESS IN THE NORMAL COURSE OR
BUSINESS OR WITH THE COMPANY'S PRIOR WRITTEN CONSENT, ANY CONFIDENTIAL OR
PROPRIETARY INFORMATION CONCERNING THE COMPANY OR ITS AFFILIATES, INCLUDING
WITHOUT LIMITATION ANY CONFIDENTIAL OR PROPRIETARY INFORMATION CONCERNING THE
OPERATIONS, PLANS OR METHODS OF DOING BUSINESS OF THE COMPANY OR ITS AFFILIATES
(THE "INFORMATION"); PROVIDED THAT THE TERM "INFORMATION" SHALL NOT INCLUDE SUCH
INFORMATION WHICH IS OR BECOMES GENERALLY AVAILABLE TO THE PUBLIC OTHER THAN AS
A RESULT OF A DISCLOSURE BY EMPLOYEE IN VIOLATION OF THIS AMENDED AGREEMENT.
NOTWITHSTANDING THE FOREGOING, THE EMPLOYEE MAY DISCLOSE INFORMATION TO THE
EXTENT HE IS COMPELLED TO DO SO BY LAW OR THE RULES OR REGULATIONS OF ANY
REGULATORY BODY TO WHICH HE IS SUBJECT, PROVIDED THAT THE EMPLOYEE MUST USE
COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE COMPANY WITH A COPY OF ALL
RELEVANT DOCUMENTS PROMPTLY UPON RECEIPT (AND PRIOR TO MAKING ANY DISCLOSURE)
AND MUST ASSIST THE COMPANY, AS AND WHEN REASONABLY REQUESTED AND AS PERMITTED
BY LAW AND/OR APPLICABLE JUDICIAL OR ADMINISTRATIVE ORDER, IN TAKING SUCH ACTION
AS THE COMPANY DEEMS APPROPRIATE IN RELATION TO SUCH SUBPOENA OR REQUEST.
7
(B)
THE EMPLOYEE AGREES THAT ALL RIGHT, TITLE AND INTEREST IN AND TO ALL WORKS
OF WHATEVER NATURE GENERATED IN WHOLE OR IN PART IN THE COURSE OF OR AS A DIRECT
OR INDIRECT RESULT OF HIS EMPLOYMENT OR IN THE ONE YEAR PERIOD FOLLOWING ANY
TERMINATION OF SUCH EMPLOYMENT (COLLECTIVELY, "WORK PRODUCT"), INCLUDING ALL
RIGHTS OF INTELLECTUAL PROPERTY ACCORDING TO NETHERLANDS OR APPLICABLE FOREIGN
LAW, RESIDE WITH AND WILL FULLY ACCRUE TO THE COMPANY AND ITS AFFILIATES. WORK
PRODUCT SHALL INCLUDE, WITHOUT LIMITATION: PATENTS, REGISTERED MODELS, DESIGNS,
COPYRIGHTS, INVENTIONS, IMPROVEMENTS, DISCOVERIES, PROCESSES, PROGRAMS, SYSTEMS,
PERFORMANCES IN THE FIELD OF INDUSTRIAL DESIGN, METHODOLOGIES, COMPUTER
PROGRAMMES AND EDUCATIONAL SYSTEMS. IT IS THE COMPANY'S ABSOLUTE DISCRETION TO
APPLY OR NOT FOR PROTECTION OF THE RIGHTS FALLING TO IT, SUCH AS PATENTS, UNDER
THIS SECTION.
THE EMPLOYEE SHALL INFORM THE COMPANY OF ALL ACHIEVEMENTS
OBTAINED BY HIM THAT MAY LEAD TO THE CREATION OF WORK PRODUCT.
WORK PRODUCT
SHALL NOT INCLUDE ANY WORKS THAT THE EMPLOYEE CAN DEMONSTRATE HAVE BEEN
DEVELOPED ENTIRELY BY HIM ON HIS OWN TIME AND OUTSIDE OF WORKING HOURS, WITHOUT
THE USE OF THE COMPANY'S OR ITS AFFILIATES' FACILITIES, SUPPLIES, EQUIPMENT,
INFORMATION, MATERIALS OR TRADE SECRETS AND THAT DID NOT RESULT, DIRECTLY OR
INDIRECTLY FROM WORK PERFORMED BY THE EMPLOYEE ON BEHALF OF THE COMPANY OR ITS
AFFILIATES.
(C)
INSOFAR AS NECESSARY, THE EMPLOYEE HEREBY ASSIGNS ALL RIGHTS MENTIONED IN
SUBSECTION (B) TO THE COMPANY AND ITS AFFILIATES, WHO HEREBY ACCEPT SUCH
ASSIGNMENT.
THE EMPLOYEE WILL, THROUGHOUT THE DURATION OF THIS AMENDED
AGREEMENT AND AFTER THE TERMINATION HEREOF, RENDER SUCH ASSISTANCE AS MAY BE
REASONABLY REQUESTED BY THE COMPANY, FREE OF CHARGE, TO OBTAIN AND PERFECT THESE
RIGHTS, TO REGISTER