Common use of Company Software Clause in Contracts

Company Software. “Company Software” means software (including firmware and other software embedded in hardware devices) owned, developed (or currently being developed), marketed, distributed, licensed, or sold by any of the Acquired Corporations and any software that is part of or is distributed with, any Company Product.

Appears in 2 contracts

Samples: Merger Agreement (Ipass Inc), Merger Agreement (GoRemote Internet Communications, Inc.)

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Company Software. “Company Software” means shall mean all software (including firmware and other software embedded in hardware devices) owned, developed (or currently being developed), used, marketed, distributed, licensed, licensed or sold by any of the Acquired Corporations and any software that is part of or is distributed with, any Company ProductCompany.

Appears in 2 contracts

Samples: Merger Agreement, Merger Agreement (Yelp Inc)

Company Software. Company Software” means " shall mean any software (including firmware and other software embedded in hardware devices) owned, developed (or currently being developed), used, marketed, distributed, licensed, licensed or sold by the Company at any of time (other than non-customized third-party software licensed to the Acquired Corporations and any software that is part of or is distributed with, any Company Productfor internal use on a non-exclusive basis).

Appears in 2 contracts

Samples: Merger Agreement (Graphon Corp/De), Merger Agreement (Digitalthink Inc)

Company Software. “Company Software” means shall mean any software (including firmware software development tools and other software embedded in hardware devices, and all updates, upgrades, releases, enhancements and bug fixes) owned, developed (or currently being developed), used, marketed, distributed, licensed, licensed or sold by an Acquired Corporation at any of the Acquired Corporations and any time (other than non-customized third-party software that is part of or is distributed with, not incorporated into any Company ProductProduct and is licensed to an Acquired Corporation solely in object code form and solely for internal use on a non-exclusive basis).

Appears in 2 contracts

Samples: Share Purchase Agreement (Rackable Systems, Inc.), Merger Agreement (Quest Software Inc)

Company Software. “Company Software” means shall mean any software (including firmware and other software embedded in hardware devices) owned, created, developed (or currently being developed), used, marketed, provided, distributed, licensed, or sold by any of the Acquired Corporations and Companies at any software that is part of or is distributed with, any Company Producttime.

Appears in 1 contract

Samples: Share Purchase Agreement (Silicom Ltd.)

Company Software. “Company Software” means shall mean any software (including firmware and other software embedded in hardware devices) owned, developed (or currently being developed), used, marketed, distributed, licensed, licensed or sold by the Company at any of time (other than non-customized third-party software licensed to the Acquired Corporations and any software that is part of or is distributed with, any Company Productfor internal use on a non-exclusive basis).

Appears in 1 contract

Samples: Merger Agreement (Sbe Inc)

Company Software. “Company Software” means shall mean the software (including firmware and other software embedded in hardware devices) owned, developed (or currently being developed), used, marketed, distributed, licensed, or sold by any of the Acquired Corporations and Company (including any software that is part of or of, is distributed with, or is used in the design, development, manufacturing, production, distribution, testing, maintenance, or support of any Company Product, but excluding any third-party software that is generally available on standard commercial terms and is licensed to the Company solely for internal use on a non-exclusive basis).

Appears in 1 contract

Samples: Loan and Security Agreement (Broadsoft Inc)

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Company Software. “Company Software” means shall mean any software (including firmware and other software embedded in hardware devices) owned, developed (or currently being developed), used, marketed, distributed, licensed, licensed or sold by the Company at any of time (other than non-customized third-party software licensed to the Acquired Corporations and any software that is part of or is distributed with, any Company Productsolely for internal use on a non-exclusive basis).

Appears in 1 contract

Samples: Merger Agreement (Ipass Inc)

Company Software. “Company Software” means shall mean any software (including firmware and other software embedded in hardware devices) owned, owned by the Company that is developed (or currently being developed), used, marketed, distributed, licensedmade available, licensed or sold by the Company (excluding any of the Acquired Corporations and any software that is part of or is distributed with, any Company ProductShrink-Wrap Code).

Appears in 1 contract

Samples: Merger Agreement (inContact, Inc.)

Company Software. “Company Software” means shall mean all software (including firmware and other software embedded in hardware devices) owned, developed (or currently being developed), used, marketed, distributed, licensed, licensed or sold by any of the Acquired Corporations and Company (including any software that is part of or of, is distributed with, or is used in the design, development, testing, maintenance or support of any Company Product, but excluding any third-party software that is generally available on standard commercial terms and is licensed to the Company solely for internal use on a non-exclusive basis).

Appears in 1 contract

Samples: Merger Agreement (Micronetics Inc)

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