EXHIBIT
10.8
TRANSLATED FORM OF
NON-DISCLOSURE AGREEMENT
Non-Disclosure
Agreement
This Agreement
is entered into by and between (“Party
A”) and Bo Hai Wen Technology (Shenzhen) Co.,
Ltd.(“Party B”).
Considering
during the course of its employment in Party B, Party A may be
disclosed with certain Technical Secrets and Trade Secrets
(“Confidential Information”) that Party B deems
confidential and proprietary, both parties agree as
following:
1. During its employment
in Party B, Party A’s all inventions which are developed
based on Party B’s technical conditions and business
information, the property rights of these inventions shall belong
to Party B, including but not limited to, computer software and
other know-how. Party B has the right to freely use these
inventions for production and operation purpose or to transfer to a
third-party. Party A should provide all necessary information and
take necessary actions, including but not limited to, registration
application and registration, to assist Party B to obtain and
execute related property right. The spiritual rights, such as
invention right and signature right (except for those required to
be signed by Party B), of the above-mentioned inventions shall
belong to Party A. Party B shall respect these spiritual rights of
Party A and assist Party A to execute them.
2. Regarding all
inventions related to Party B’s business developed by Party A
during its employment in Party B, if Party A alleges to be entitled
to the property rights of these inventions, Party A shall state
clearly to Party B its intention. After Party B certifies that
these inventions are not “work(s) made for hire”, Party
A is entitled to the property rights. Party B shall not use these
inventions for production and operation purpose or to transfer to a
third-party prior to Party A’s authorization. If Party A does
not allege to be entitled to the property rights of these
inventions, which are assumed to be “work(s) made for
hire”, Party B can use these inventions for production or
operation purpose or to transfer to a third-party. Even though
afterwards these inventions prove not to be “work(s) made for
hire”, Party A can not require Party B to be obligated to any
economic compensation.
3. During its employment
in Party B, Party A shall comply with all statutory or
non-statutory non-disclosure regulations and rules of Party B, and
perform the non-disclosure obligations related to its job and
position. In case of anything unclear or not covered in Party
B’s non-disclosure regulations and rules, Party A shall adopt
all necessary and reasonable means to maintain the non-disclosure
status of the Confidential Information.
4. Except for those
required during the performance of it job, Party A hereby agrees,
prior to Party B’s consent, shall not disclose, inform,
publicize, publish or transfer the Confidential Information to a
third-party, including any other employees of Party B who is not
expect to acquire the Confidential Information. If the person who
in charge of Party A agrees Party B to disclose, it shall be deemed
that Party B has agreed so, except for Party B express clearly
beforehand that this person has no right to agree Party A to do
so.
