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Kokoon In-Ear Headphone Design Confidentiality Agreement

BEFORE TAKING THE KOKOON IN-EAR HEADPHONE DESIGN SURVEY, PLEASE CAREFULLY REVIEW THE TERMS BELOW:

THIS AGREEMENT is made on the date the survey is taken.

1. DEFINITIONS:

In this Agreement, the following words shall have the following meanings:

In-Ear Headphone Designs: Shall mean a visual mock-up/picture/graphic of the in ear headphones designed to check the aesthetics, look and feel of what could be the manufactured in-ear headphones. These are provided to the participant of the survey for the purposes of providing feedback on the design of the in-ear headphones only.

2. LICENCE:

Kokoon hereby grants the participant of the survey the non-exclusive right to view the in-ear headphone designs for the purpose of evaluating the aesthetics and feel in accordance with the provisions of this Agreement.

3. CONFIDENTIALITY:

Kokoon regards all designs of the in-ear headphone and all information pertaining to it to be of a proprietary and confidential nature.

The participant of the survey shall protect the confidentiality of the in-ear headphone designs and of such information until it becomes public by using the same degree of care, but not less than a reasonable degree of care, to prevent the unauthorized use, dissemination or publication of such information as the participant uses to protect his/her own confidential information of a like nature.

The participant shall ensure that the in-ear headphone designs are subject to controlled access and forbid any access to the designs to third parties and unauthorized persons.

The participant shall not make public in any manner this agreement or any feedback provided or obtained pursuant to this agreement. In particular, you must not discuss the in-ear headphone designs or it's evaluation with anyone associated with any news or information service (whether television, magazine, newspaper or otherwise) or in any online forum or chat room.

4. TITLE:

Kokoon retains all rights, title and interest to the in-ear headphone designs. The participant shall not offer, loan, encumber, offer as security, sell, or otherwise transfer the designs to any third party.

The participant accepts and acknowledges that the in-ear headphone designs are an early stage visualisation and is not at the level of functionality, quality, performance or aesthetics of a final, generally available product offering. The in-ear headphone designs cannot operate correctly and may be substantially modified prior to first commercial shipment, or withdrawn.

5. INTELLECTUAL PROPERTY RIGHTS:

All right, title, and interest to all intellectual property with respect to the in-ear headphone designs including that which may be or become protectable by patent, copyright, trademark, trade secret, or similar laws, shall remain exclusively with Kokoon.

No license or other right of any kind is granted by Kokoon’s furnishing of the in-ear headphone designs to the participant, except for the limited right to view and evaluate the in-ear headphone designs as expressly provided in this agreement. The participant shall not use Kokoon's copyrights, trademarks, trade names, or other intellectual property in any way.

6. ASSIGNMENT:

This agreement is personal to the participant of the survey. The participant shall not assign or otherwise transfer any rights or obligations under this Agreement.

7. TERMINATION:

In the event that the Participant fails at any time to comply with this Agreement, Kokoon may terminate this Agreement immediately upon written notice to the participant. The rights and responsibilities of the parties pursuant to clauses 3, 4, 5, 6, 7, 8, 9, 10 and 11 of this agreement shall survive the expiration or earlier termination of this agreement.

8. COMPLIANCE:

Each party shall, in its performance of this Agreement, comply with all applicable laws, rules, and regulations, and shall perform its business in line with high ethical standards.

9. NO AGENCY:

This agreement creates no relationship of joint venture, partnership, or agency between the parties, and the parties acknowledge that no other facts or relations exist that would create any such relationship.

10. ENTIRE AGREEMENT:

This agreement contains the entire understanding and agreement of the parties relating to the subject matter hereof. Any representation, promise, or condition not explicitly set forth in this agreement shall not be binding on either party. Any amendments to this agreement shall be in writing and signed by the authorized representatives of each party.

11. GOVERNING LAW:

Disputes arising in connection with this Agreement will be governed by the laws of England and Wales and the courts of England and Wales will have jurisdiction in all matters arising from or pertaining to this Agreement.

EXECUTION:

The parties will have indicated their acceptance of this agreement by reviewing the survey here.

QUESTIONS:

Should you have any questions about this agreement please contact the responsible member of the team at Kokoon:

Guillaume Parrin

guillaume.parrin@kokoontech.com

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