Tech Data 2014 Annual Report Download - page 148

contract is in effect. Eventual assignments have been taken into consideration when establishing the Executive’
s salary and shall therefore
not give rise to any additional economic compensation. The assignment of the exploitation rights contemplated in the above paragraph
shall be of an exclusive nature, of a worldwide scope, of a transferable kind and for the all the duration of the intellectual property rights,
their extensions and additions, pursuant to the Spanish legislation applicable to intellectual property. Tech Data Corporation and the
Company will be entitled to exercise the above-
mentioned exploitation rights in the way that it deems more appropriate and through any
exploitation means, using any format or media, in any field of activity, even if it is not the usual activity of Tech Data Corporation or the
Company, and it will be entitled to transfer or assign them to third parties under the terms and conditions it deems appropriate, being such
assignment authorized by the Executive since now and thereafter.
11
14.2.
The Executive acknowledges and agrees that all ideas, methods, inventions, innovations, discoveries, improvements, perfections,
processes, work products, developments or works of authorship (“Inventions”),
whether patentable or unpatentable, (A) that relate to the
Executive’
s work with Tech Data Corporation and the Company, made or conceived by the Executive, solely or jointly with others,
during the course of the Executive’
s service with Tech Data Corporation and the Company, or (B) suggested by any work that the
Executive performs in connection with Tech Data Corporation and the Company, either while performing the Executive’
s duties with
Tech Data Corporation or the Company or on the Executive’s own time, but only insofar as the Inventions are related to the Executive’
s
work as an Executive or other service provider to Tech Data Corporation and the Company, shall belong exclusively to Tech Data
Corporation and the Company (or its designee), whether or not patent applications are filed thereon.
15.
GOVERNING LAW AND JURISDICTION
15.1.
This contract shall be governed and construed, for any matters not agreed herein, by Royal Decree 1382/1985, of August 1, governing the
Special Top Executive Employment Relationship and, for any matters not contemplated therein, by the provisions of Spanish civil and
corporate law.
15.2.
The parties expressly waive any right they may have to any other jurisdiction and submit to the jurisdiction of the Courts and Tribunals of
Barcelona.
16.
WAIVER OF BREACH
16.1.
Any waiver of any breach of this contract shall not be construed to be a continuing waiver or consent to any subsequent breach on the part
either of the Executive or of the Company.