Tech Data 2014 Annual Report Download - page 145

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12.
CONFIDENTIALITY
12.1. During the course of the Executive’
s employment with the Company, the Executive will have access to confidential information of the
Company, Tech Data Corporation or any subsidiary or affiliate of Tech Data Corporation. The Executive agrees that the Executive shall
not, directly or indirectly, use, make available, sell, disclose or otherwise communicate to any person, other than in the course of the
Executive’s employment, either during the period of the Executive’
s relationship or at any time thereafter, any business and technical
information or trade secrets, nonpublic, proprietary or confidential information, knowledge or data relating to the Company, Tech Data
Corporation or any of the subsidiaries or affiliates.
12.2.
In addition, the Executive shall not, directly or indirectly, whether for the Executive or for any other individual, corporation, partnership,
joint venture or other entity, and whether during or after the Executive
’
s employment with the Company, Tech Data Corporation or any of
the subsidiaries or affiliates, participate in any business to the extent that, in connection with such participation, the Executive would be
required to employ, reveal or otherwise utilize any trade secrets relating to the Company, Tech Data Corporation or any of the subsidiaries
or affiliates.
12.3.
For the purposes of this contract, Confidential Information shall mean any and all information, including a formula, pattern, compilation,
program, device, method, technique or process that derives independent economic value, actual or potential, from not being generally
known to the public or to other persons who can obtain economic value from its disclosure or use, and is the subject of efforts that are
reasonable under the circumstances to maintain its secrecy. By way of illustration but not limitation, Confidential Information includes:
(i) any and all ideas, processes, trademarks, service marks, inventions, technology, computer programs, original works of authorship,
designs, formulae, discoveries, patents, copyrights, and all improvements, rights, and claims related to the foregoing that are conceived,
developed, or reduced to practice by the Employee alone or with others; (ii) information regarding plans for research, development,
current and new products, marketing and selling, business plans, budgets and unpublished financial statements, licenses, prices and costs,
production, suppliers and customers; (iii) information regarding the skills and compensation of other employees of the Company, Tech
Data Corporation or any of the subsidiaries or affiliates; and (iv) information which the Company, Tech Data Corporation or the
subsidiaries or affiliates has received or will in the future receive from third parties subject to a confidentiality obligation with such third
party.
13.
NON COMPETITION AND NON SOLICITATION