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In consideration of the opportunity to view certain confidential and proprietary information relating to the Project, and Vision to Reality Entertainment and entities affiliated with Vision to Reality Entertainment (collectively, “V2RE”) you hereby agree (the “Agreement”) as follows:

 

1.  “Proprietary Information” as used herein shall mean any and all written and/or verbal information provided to you by V2RE, including, but not limited to, the basic nature of the Project itself or other V2RE projects ; except that Proprietary Information shall not include any information that (i) is or becomes generally known to third parties through no fault of your own; (ii) is already known to you prior to your receipt from V2RE as evidenced by prior written records; (iii) becomes known to you by disclosure from a third party who has a lawful right to disclose the information, or (iv) is disclosed pursuant to the lawful request of a governmental authority.

 

2.  You acknowledge that Proprietary information is proprietary and valuable to V2RE and that any disclosure or unauthorized use thereof may cause irreparable harm and loss to V2RE.  Accordingly, V2RE and the entity commissioning the Project (“Client”) each shall have the right to seek injunctive relief in addition to damages, costs and attorneys’ fees, and you shall indemnify V2RE and Client therefor.

 

3.  You shall (a) receive and treat Proprietary information as strictly confidential and with the same standard of care with which you would treat your own information that you would wish not disclosed; (b) use Proprietary information solely for the benefit of V2RE and/or Client; and (c) not disclose Proprietary information (or any part thereof) to any other person or entity without the express written consent of V2RE.

 

4.  Title to all materials containing any Proprietary information (“Materials”) shall remain with V2RE or Client as the case may be.  You shall return all Materials (including any copies thereof) to V2RE immediately upon V2RE’s request, and shall not make, nor authorize nor permit to be made, any copies of any Materials without V2RE’s express prior written permission.

 

5.  You understand that the word “you” or “your” refers to you, your company (if applicable), any company affiliated with your company, your officers, agents, employees, and any successors and assigns of any of the foregoing.

 

6.  The restrictions and obligations of this Agreement shall survive any expiration, termination or cancellation of this Agreement and shall continue to bind you and your successors and assigns.  This Agreement is expressly intended to benefit, as a third-party beneficiary (ies), all V2RE affiliates, and all entities controlled by any such affiliate, as well as Client and any other entity owning any Proprietary information covered hereunder.

 

7.  This Agreement shall be construed and enforced in accordance with the laws of the State of Texas.

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