PART 1 of 3:
Submission Agreement:

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In order to submit your ideas, inventions, materials and information (collectively "Submitted Information") for consideration, you need to agree to the following conditions:

I agree that if Submitted Information is submitted by me on a confidential basis, by checking the appropriate box in the Submission Form, The Hygenic Corporation ("Hygenic") shall treat my Submitted Information as my confidential information and shall use such information to review and evaluate the Submitted Information and to disclose to its employees, affiliates and their employees, agents and attorneys for purposes of such review and evaluation. Submitted Information shall not be deemed to be confidential information if the information (i) is or becomes generally available to the public through no act, omission or fault of Hygenic, its subsidiaries, affiliates and/or its assigns (collectively ("its Affiliates"); (ii) is known to Hygenic and/or its Affiliates prior to the receipt from me; (iii) is independently developed by Hygenic and/or its Affiliates without use of the Submitted Information; or (iv) is provided to Hygenic and/or its Affiliates by a third party on a non-confidential basis.

I agree that if Submitted Information is submitted by me on a non-confidential basis, by checking the appropriate box in the Submission Form, Hygenic and its Affiliates shall not have any confidentiality obligation whatsoever toward me or any third party regarding the Submitted Information, and that Hygenic and its Affiliates shall be free to disclose such Submitted Information to any third party. In addition:

I agree that if Submitted Information is submitted by me on a non-confidential basis, by checking the appropriate box in the Submission Form, Hygenic and its Affiliates shall not have any confidentiality obligation whatsoever toward me or any third party regarding the Submitted Information, and that Hygenic and its Affiliates shall be free to disclose such Submitted Information to any third party. In addition:

a.If the Submitted Information is not covered by any patent application, provisional patent application, or patent, I understand and agree that Hygenic and its Affiliates shall be free to use the Submitted Information for any purposes, and that I shall not have any claim or right over the Submitted Information.
b.If the Submitted Information is covered by a published or unpublished patent application or a provisional patent application, I understand and agree that Hygenic and its Affiliates shall be free to use the Submitted Information for evaluation purposes. For any other purposes, I shall rely exclusively on rights provided under the patent laws of the countries in which said patent applications were filed, which shall represent the sole means of protecting my interests in the Submitted Information.
c.If the Submitted Information is covered by an issued patent, I understand and agree that Hygenic and its Affiliates shall be free to use the Submitted Information for evaluation purposes. For any other purposes, I shall rely exclusively on rights provided under the patent laws of the countries in which said patent is issued, which shall represent the sole means of protecting my interests in the Submitted Information.

I understand and agree that it is in my best interest to submit any Submitted Information to Hygenic only after filing a patent application and that I should obtain legal advice as necessary to protect my Submitted Information prior to submitting such information to Hygenic. Alternatively, Hygenic suggests that, if I have not filed for or obtained patent protection for the Submitted Information, I clearly establish the date of origin of any such Submitted Information in writing in legally sufficient witnessed documents.

I repre?ent and agree that, I am the exclusive owner of the Submitted Information, and that I have the sole right, title and interest to submit, disclose and use the Submitted Information for any purposes.

I understand and agree that Hygenic has no obligation to adopt any part of the Submitted Information, and has no obligation to compensate me for the submission and disclosure of the Submitted Information to Hygenic. In addition, Hygenic has no obligation to report on the reasons of its interest, or of its lack of interest, in the Submitted Information. Hygenic may retain any Submitted Information, and shall have no obligation to return to me any material or Submitted Information; therefore, I agree to retain a duplicate of the Submitted Information for my records.

The submission of the Submitted Information, Hygenic‘s acceptance of the Submitted Information for review, and Hygenic‘s evaluation of the Submitted Information does not establish any contractual relationship between me and Hygenic.

I understand and agree that Hygenic may have already thought of, developed, or had suggested, or in the future may have suggested, put into practice, or filed patent applications on the particular subject matter which I am about to submit to Hygenic. Hygenic is not obligated to disclose its own ideas or inventions that may be the same or similar to any Submitted Information. Submission of Submitted Information will not create a claim to Hygenic‘s existing ideas or inventions regardless of whether the Submitted Information is the same or similar to Hygenic‘s.

This Submission Agreement constitutes the entire agreement between Hygenic and me regarding the Submitted Information.

This Submission Agreement shall be governed by the law of the State of Ohio, without giving effect to any choice of law or conflict of law rules. Any dispute shall be exclusively submitted to the jurisdiction of the competent courts in Summit County, State of Ohio.

 

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