IMAGE GUIDED TECHNOLOGIES, INC. - ------------------------------------------------------------------------------- - ------------------------------------------------------------------------------- CONFIDENTIALITY AGREEMENT This Confidentiality Agreement will confirm our mutual understanding in connection with our providing, and your receipt, of information regarding Image Guided Technologies, Inc. (the Company). 1. "Information" means all oral or written data, reports, records or materials obtained from the Company. Information does not include any information which is, or becomes, readily available to the public or is already in your possession. 2. Information is being furnished solely in connection with your interest in the Company, its' products and technology and shall be treated as "secret" and "confidential" and no portion of it shall be disclosed to others for a period of five (5) years from the date of this agreement. 3. The undersigned further agrees that it will not interfere with any business of the Company through the use of any information or knowledge acquired under this Agreement nor use any such information for its own account. 4. It is understood that the Company is the intended party and beneficiary whose rights are being protected and may enforce the terms of this Confidentiality Agreement as if it were a party to the Agreement. 5. Should you decide that you do not wish to pursue a relationship with the Company, you must promptly advise a representative of the company of the fact and deliver to the Company all confidential information furnished to you without keeping copies, summaries, analyses or extracts thereof. 6. It is understood that (a) no representations or warranties are being made as to the completeness or accuracy of any information and (b) any and all representations and warranties shall be made solely by the Company in a signed acquisition agreement or purchase contract and then be subject to the provisions thereof. Name of Individual: Title: --------------------- ------------------------------ Please Print Organization: --------------------------------------------------------------- Address: Telephone: -------------------------------- -------------------------- Date: - ---------------------------------------- ------------------------------- (City, State, Zip code) Signature: Fax: ------------------------------ ------------------------------- (Authorized Representative) ACCEPTED BY: ---------------------------- Image Guided Technologies, Inc.