Joint Appendix One

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August 26, 1999
Page 3
Document 65-6 Filed 10/07/11 Page 8 of 9 Page ID
#:1336
developed hereunder, made solely by either party, shall vest solely with the develbping party and
all Intellectual property joir_tly developed hereunder sl_l_ be jo_rltly owned by bo_ parties.
Trademarks
Coca-Cola asserts and Futurelogic recognizes that The Coca-Cola Company is the owner of
certain registered trademarks, including, but not limited to, Coca-Cola, Coke, Coca-Cola Classic,
the contour bottle shape, Coca-Cola light, diet Coke, Cherry Coke, Fanta, Sprite, TAB, Fresca,
Simba, Santiba, Mr. PiBB, Mello Yello, Ramblin', Minute Maid and Cappy. Nothing contained
nor resulting from this Agreement shall give Futurelogic any interest or rights in trademarks of
Coca-Cola. In addition, Futurelogic agrees not to manufacture, use and/or sell any article oi'
articles bearing said trademarks in any way except as approved in writing by Coca-Cola.
Furthermore, except as otherwise agreed upon in writing, upon expiration or termination hereof,
Futurelogic agrees not to make any use of any of the trademarks of Coca-Cola.
Confidentiality
Coca-Cola and Futurelogic acknowledge that this Agreement creates a confidential relationship
between Coca-Cola and Futurelogic. That confidential relationship is the basis on which either
party has disclosed and may in the future disclose ("Disclosing Party") to the other ("Receiving
Party") commercially valuable, proprietary, confidential information pertaining to the services
and equipment provided for in this Agreement. Such information shall be designated
confidential, or if orally disclosed, confirmed in writing as confidential within thirty (3.0) days of
such disclosure. The Receiving Party shall hold such information in strict confidence, and shall.
neither disclose the same to any third party nor use it for purposes other than providing services
/rod/or equipment hereunder, without the Disclosing Party's prior written consent. This secrecy
obligation shall not apply to:
a. Information which is, or subsequently may become generally available to the
public as a matter of record through no fault of the receiving party;
b. Information which the receiving party can show was previously known to it as
a matter of record at the time of receipt;
c. Information which may subsequently be obtained lawfully from a third party
who has obtained the information through no fault of the receiving party and
without any restriction of confidentiality;
d. Information which may subsequently be developed by the receiving party
independently of any disclosure from the disclosing party hereunder;
Highly Confidential-Outside Counsel Only
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FutureLogic's Summary Judgment Exhibit No. 25
-A0445-
FUT00037353
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