colte
`what
`
`SEC 'RECY AGREEMENT
`
`between
`
`ColteneJVVhaled~ GmbH + C9 KG
`
`R~Jiffeisenstr. 30
`89129 Langen5tu
`(;1!-rtMN '' /
`hereinafter called RECEIVING PARTY,
`180iV (tJi-1 ~~~I?Mla~'
`J • ./1
`/i ' •,,fA'
`(i]r:~•'~)-t?o ..
`f/'/ ,
`h ?4
`
`hereinafter called· OWNER,
`
`Dr. Neill. Luebke
`
`)),.-. v:-.
`
`<;:?{)1/.S-'- /2(?f~
`....
`.;)
`·
`
`and
`
`1. SUBJECT MATTER
`
`2.
`
`The OWNER and lhe RECEMNG PARTY are evaluating the possibHity .of cooperation oil the above
`SUBJECT MATTER.. It w:ill, therefore, become necessary for the OWNER to pass on to the
`RECEIVING PARTY technical, commercial or other information, inCluding test material, and/or to
`disclose to the RECEIVING PARTY secret document$ ancilot to give access to the RECEIVING
`PARTY to C$rtain plant installations (ail hereinafter referred to as INFORMATION}. The OWNER
`exptessiy points out his interest In keepiog the INFORMAii'ON SECRET. The RECEIVING PARTY
`has also expres$~ i~ intete$t to obtain confidential treatment of the information and documents made
`available to~ OWNER.
`
`3.
`
`Therefore, the RECEIVING PARTY agrees to the following:
`
`3.1. The RECEIVING. PARTY shall keep secret the INFORMATION l'e(:eived from the OWNER and shall
`not utifiZe it for itseif nor any third party .either cornmercia.lly or .technically or tot research. or for any
`other purpo~s lti$!'\' eValuation .of the SI,JBJE;CT MATIER hereunder, it being und4!1rstood that. third
`parties shall aiSQ m•n companie!i! and/or persons controRing the RECEIVING PARTY or being
`controlled by it. All documents, samples and test material (as far as not used up) shan be returned to
`the OWNER as soon as reasonablei latest within 2 weeks after the date it has been asked to be
`returned.
`
`3.2. The R~C~JVIN~ PARTY shalll)hly di$c;IQ8e the INFORMATION to tho!Je of itS own employees who
`ate or will b~ C!!rect!Y art.:d ~s;:trily involved 1!'\ the SUBJECT MATTER.
`
`3.3. The RECEIVING PARTY shall bind
`its employees and/or delegates having acce.ss to the
`INFORMATION by adequate secrecy agreements.
`
`4.
`
`5.
`
`The. OWNER undertakes tO tre.at equally cOrlfidetUial all INFORMATION and documents i'eceived from
`or made available by the RECEIVING PARTY Wh9 has qualified su<:O INFORMATION .and document$
`as secret matter.
`
`Nothing eo~in~ herein shall in any way restrict or impair the right of the RECEIVING PARTY to use,
`diSClose or otherwise deal with the lNFORMATIONwhich:
`
`at the time of disclosOre Is or was generally available to the public or h~reafter becOmes
`generally available to the public through no act ot failure to act of the RECEIVING PARTY; or
`
`GEHA-EIWS
`
`GOLD STANDARD EXHIBIT 2039
`US ENDODONTICS v. GOLD STANDARD
`CASE IPR2015-00632
`
`August 28, 2008
`
`-·
`
`

`
`was not acquired directly or indirectly from the OWNER and which the RECEIVING PARTY can
`show was in its possession prior to the time of the disclosure; or
`
`was independently made available as a matter of lawful right to the RECEIVING PARTY by a
`third party.
`
`6.
`
`By the signature of this Agreement and the transfer of INFORMATION the RECEIVING PARTY does
`not acquire any right whatsoever to be granted a licence or any other rights not being specified herein
`or in any common agreement with the OWNER.
`
`7.
`
`The present Secrecy Agreement shall be valid for two years from its signature.
`
`8.
`
`This Agreement shall be construed under and governed by German Law. The parties hereto expressly
`agree that the place of jurisdiction shall be exclusively the RECEIVING PARTY's domicile.
`
`Dated /~_.!/ ,(!t
`RECE~G PARTY:
`
`'1
`~-~~~ v1ct!tl
`
`GEHA-E / WS
`
`page2
`
`August 28, 2008