2.(a) As the result of Altech's (i) systematic misappropriation and use of ISC's trade secrets, and (ii) systematic interference with and inducement of breaches of ISC's employment agreements with its ex-employees not to disclose ISC's trade secrets and confidential information, or to accept positions where they would be inherently called upon to use or make judgments based upon that information, ISC's confidential information and trade secrets have been disseminated throughout Altech. All persons who were employed by Altech on or before June 29, 1990, have either received or been given access to that information in context of their installing, repairing, or servicing ISC equipment. Consequently, to provide effective relief to ISC, all persons who were employed by Altech on or before June 29, 1990, are enjoined from working, directly or indirectly, on the installation, service or repair of ISC computer equipment, or any components or parts thereof, including the training of or instruction of others on how to do such work, in whole or in part.
(b) This portion of the permanent injunction shall last for five years after the entry hereof.
(c) If Altech wishes to continue to service ISC computer systems after the entry hereof, it is free to do so with new employees. Thus, this portion of the injunction does not apply to employees of Altech hired after June 29, 1990, provided that Altech first shows to this Court, prior to allowing any such new employee to work on ISC equipment, that (i) the employee has not had access to any ISC confidential information, and (ii) that the employee can work at Altech without interfacing with and becoming tainted by any Altech employee covered by this portion of the injunction.
3. Altech is further permanently enjoined from (a) misappropriating or disclosing ISC's trade secrets, as that term is defined in Ill.Rev.Stat. ch. 140 para. 351 et seq., which for purposes of this injunction shall include, but not be limited to, the following: ISC-originated software, Guides, service manuals, technical bulletins, change orders, product alert notices, schematics, training manuals and materials; and (b) interfering with ISC's employment agreements by providing employment to any person covered thereby which employment would pose the inherent risk of disclosure or use of ISC confidential information or trade secrets.
4. All of the following items within the possession, custody or control of Altech, or any of its officers, directors, principals, employees or agents, are to be delivered to ISC immediately prior to the execution of this Consent Judgment by ISC: (1) any ISC-originated software, or portions thereof, (2) any ISC-originated Guides, service manuals, technical bulletins, change orders, product alert notices, schematics, training manuals and materials, or portions thereof; (3) any notes, summaries, tapes, compilations, or recordings of any sort, which in whole or part, contain or refer to any of the information set forth in the items identified in this paragraph.
5. The letter of credit previously posted by ISC shall be returned to ISC by the Clerk's office, as no further security is required. ISC shall have the right to take all appropriate measures to cause the letter of credit to be cancelled by the issuing bank.
6. This Court shall retain personal jurisdiction over Altech for the purpose of enforcing compliance with this Order. Altech agrees that it will not contest the exercise of jurisdiction by this Court in any action instituted for the purpose of enforcing compliance with this Order, and that it will not contest in any such action the enforceability of this Order.
7. Each party shall bear its own costs, disbursements and attorneys' fees.
JUDGMENT IN A CIVIL CASE - December 10, 1990, Docketed
Upon consent of the parties, judgment is hereby entered on behalf of ISC-Bunker Ramo Corporation and against Altech, Inc. in the amount of One Million Five Hundred Thousand and 00/100 Dollar ($ 1,500,000.00), with interest thereon as provided by law.
This judgment is subject to the terms and condition specifically set forth in paragraphs 2A and 2B of the Settlement Agreement of November 30, 1990, by and between ISC-Bunker Ramo Corporation and Altech.
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