In response to your interest in
receiving information concerning InnerSense, Inc., VibraSound® and MindWave® Theme Parks, et al, we will be
providing to you information which is non-public, confiden-
tial and proprietary in nature. The information includes any information
provided (1) orally from officers and principals of InnerSense, (2) by
inspection of the facilities, equipment, computer programs, etc., of
InnerSense, or (3) written financial, operating, policy, contracts and other
materials. Proprietary infor-mation shall include VibraSoundÒ WaveTableÔ, Zero GTM
Chair, Neutral BuoyancyÔ Transducers,
SR8000 Sensory InterfaceTM, SensoriumTM LSV, InfraSonicÔ Amplifier
& EQ, VibroTactileTM transducers including mounting techniques,
CyberfinÔ,
TransporTable TM music massage table, MesmerEyesTM,
VibraSound VR TM visual display, Vibraton TM futon bed,
Music Dolphin TM, Rejuvetron TM, & MindWaveTM
theme parks Also, any other proprietary InnerSense products or concepts.
By
accepting the information ____________________________ agrees with the
terms of this Agreement.
The
recipient of the information agrees (a) to keep the information confidential
and not disclose the information to any person or entity and, (b) not to use
any such information in the conduct of any business.
This
Agreement does not apply to portions of the information which (1) are, or
become, generally available to the public (other than as the result of
disclosure by InnerSense or it’s Representatives), (2) were available on a
non-confidential basis prior to its disclosure by InnerSense from a source
other than InnerSense, or one of its representatives, which source was entitled
to disclose the information, or (3) become available on a non-confidential
basis from a source other than InnerSense or one of its representatives,
provided that such source is not known by InnerSense or it’s Representative to
be bound by a confidentiality agreement with InnerSense, or otherwise
prohibited from transmitting the information by contractual fiduciary or other
legal obligation.
In
consideration of the information and other good and valuable consideration receipt
of which is hereby acknowledged, I agree that from the date hereof I will not
use, or provide others with, the information, themes, store setup, equipment
design, or proprietary marketing concepts used by InnerSense, or provided to me
directly or indirectly by them or one of their representatives, to compete with
InnerSense.
All
information shall remain the property of InnerSense while in my possession.
Once there is no longer any legitimate business or legal reasons for me to
retain the information, I agree that I will return the information to
InnerSense together with all copies of the information, without retention of
any copies of such information, unless I am required by law to retain copies.
Agreed:
Date:
Print
& Sign Name of Dealer or Consultant