DevStream and Sample Clauses

DevStream and. Key Employee use and have used all reasonable efforts to secure and maintain its rights in the Proprietary Rights; provided that Compuware acknowledges that Sellers have not filed any state or federal trademark applications with regard to the DevStream Products. Without limiting the generality of the foregoing, DevStream's employees and independent contractors have executed, as appropriate, agreements protecting the confidentiality of the Proprietary Rights and assigning to DevStream any rights that any such employees or independent contractors may otherwise have in any intellectual property developed for DevStream by such employees or independent contractors. Such agreements are in substantially the forms provided to Compuware by DevStream and attached as Schedule 4.7(h). Each such agreement is valid and enforceable and in full force and effect, subject to judicial discretion regarding specific performance or other equitable remedies, except as may be limited by bankruptcy, reorganization, insolvency, moratorium or other laws relating to or affecting the enforcement of creditors' rights and remedies generally and except for any noncompetition provision of any such agreement which may not be enforceable under applicable law of the jurisdiction where such provision is being construed, and, to the knowledge of DevStream, none has been violated by any signatory employee or independent contractor. True and complete copies of each such agreement, including, without limitation, all amendments or modifications thereof have been delivered to Compuware prior to the date of this Agreement.