Infringement by the Company. The use of any of the Technology in the Company's business, as presently conducted or as currently proposed to be conducted, does not infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright or trade secret right) held by any other Person, and there have been no claims made with respect thereto. The use of any of the Marks and other IP Rights in the Company's business, as presently conducted or as currently proposed to be conducted, does not infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright, trademark or trade secret right) held by any other Person, and there have been no claims made with respect thereto. The Company has not received any notice or claim (whether written, oral or otherwise) regarding any infringement, misappropriation, misuse, abuse or other interference with any third-party intellectual property or proprietary rights (including, without limitation, infringement of any patent, copyright, trademark or trade secret right of any third party) by the Company, the Technology, the Marks or other IP Rights, or claiming that any other entity has any claim of infringement with respect thereto.
Appears in 1 contract
Infringement by the Company. The Except as set forth on Schedule 2.14.8 to the Disclosure Memorandum, (a) the use of any of the Technology in the Company's business, as presently conducted or as currently proposed to be conducted, business does not and will not infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright or trade secret right) held by any other Personperson or entity, and there have been no claims made with respect thereto. The ; (b) the use of any of the Marks and other IP Rights in the Company's business, as presently conducted or as currently proposed to be conducted, does business will not infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright, trademark or trade secret right) held by any other Personperson or entity, and there have been no claims made with respect thereto. The ; and (c) the Company has not received any notice or claim (whether written, oral or otherwise) regarding any infringement, misappropriation, misuse, abuse or other interference with any third-third party intellectual property or proprietary rights (including, without limitation, infringement of any patent, copyright, trademark or trade secret right of any third party) by the Company, the Technology, Technology or the Marks or other IP Rights, Rights or claiming that any other entity has any claim of infringement with respect thereto.
Appears in 1 contract
Samples: Merger Agreement (Amazon Com Inc)
Infringement by the Company. (a) The use of any of the Company Technology in the Company's business, business as presently currently conducted or as currently proposed to be conducted, conducted does not and will not infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright or trade secret right) held by any other Person, and there have been no claims made with respect thereto. The use of any of the Marks and other IP Rights in the Company's business, as presently conducted or as currently proposed to be conducted, does not infringe, violate or interfere with or constitute an appropriation a misappropriation of any right, title or interest (including, without limitation, any patent, copyright, trademark or trade secret right) held by any other Personperson or entity, and there no claims have been no claims made with respect thereto. The ; (b) the use of any of the Company has Marks, and other IP Rights in the Company's business as currently conducted or as proposed to be conducted does not received and will not infringe, violate or constitute a misappropriation of any notice right, title or claim interest (including, without limitation, any patent, copyright, trademark or trade secret right) held by any other person or entity, and no claims have been made with respect thereto; and (c) no claims have been made (whether written, oral or otherwise) regarding any infringement, misappropriation, misuse, or abuse of, or other interference with with, any third-third party intellectual property or proprietary rights (including, without limitation, infringement of any patent, copyright, trademark or trade secret right of any third party) by the Company, the Company Technology, the Marks or other Company Marks, the IP Rights, or the Company's use of the Licensed Marks or claiming that any other entity has any claim of infringement with respect thereto.
Appears in 1 contract
Samples: Merger Agreement (Innerspace Corp)
Infringement by the Company. The use of any of the Technology in the Company's businessbusiness does not and, as presently conducted to the knowledge of the Company or as currently proposed to be conductedany Shareholder, does will not infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright or trade secret right) held by any other Personperson or entity, and there have been no claims made with respect thereto. The ; the use of any of the Marks and other IP Rights in the Company's businessbusiness does not and, as presently conducted to the knowledge of the Company or as currently proposed to be conductedany Shareholder, does will not infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright, trademark or trade secret right) held by any other Personperson or entity, and there have been no claims made with respect thereto. The ; and the Company has not received any notice or claim (whether written, oral or otherwise) regarding any infringement, misappropriation, misuse, abuse or other interference with any third-third party intellectual property or proprietary rights (including, without limitation, infringement of any patent, copyright, trademark or trade secret right of any third party) by the Company, the Technology, Technology or the Marks or other IP Rights, or claiming that any other entity has any claim of infringement with respect thereto.
Appears in 1 contract
Samples: Merger Agreement (Cobalt Group Inc)
Infringement by the Company. The use of any of the Technology in the Company's business, as presently conducted or as currently proposed to be conducted, does not and will not infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright or trade secret right) held by any other Person, and there have been no claims made with respect thereto. The use of any of the Marks and other IP Rights in the Company's business, as presently conducted or as currently proposed to be conducted, does not and will not infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright, trademark or trade secret right) held by any other Person, and there have been no claims made with respect thereto. The Company has not received any notice or claim (whether written, oral or otherwise) regarding any infringement, misappropriation, misuse, abuse or other interference with any third-party intellectual property or proprietary rights (including, without limitation, infringement of any patent, copyright, trademark or trade secret right of any third party) by the Company, the Technology, the Marks or other IP Rights, or claiming that any other entity has any claim of infringement with respect thereto.
Appears in 1 contract
Infringement by the Company. The Except as set forth in Section 3.14.8 of the Company Disclosure Schedule, to the Company's knowledge, (a) the use of any of the Company Technology in the Company's business, as presently conducted or as currently proposed to be conducted, business does not infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright or trade secret right) held by any other Person, and there have been no claims made with respect thereto. The use of any of the Marks and other IP Rights in the Company's business, as presently conducted or as currently proposed to be conducted, does will not infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright, trademark or trade secret right) held by any other Personperson or entity, and there have been no claims made with respect thereto. The ; (b) the use of any of the Marks and other IP Rights in the Company's business will not infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright, trademark or trade secret right) held by any other person or entity, and there have been no claims made with respect thereto; and (c) the Company has not received any written, transmitted, or oral notice or claim (whether written, oral or otherwise) regarding any infringement, misappropriation, misuse, abuse or other interference with any third-third party intellectual property or proprietary rights (including, without limitation, infringement of any patent, copyright, trademark or trade secret right of any third party) by the Company, the Technology, Technology or the Marks or other IP Rights, Rights or claiming that any other entity has any claim of infringement with respect thereto.
Appears in 1 contract
Infringement by the Company. The Except as set forth on Schedule 2.14.8 to the Company Disclosure Memorandum, (a) the use of any of the Company Technology in the Company's business, as presently conducted or as currently proposed to be conducted, business does not infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright or trade secret right) held by any other Person, and there have been no claims made with respect thereto. The use of any of the Marks and other IP Rights in the Company's business, as presently conducted or as currently proposed to be conducted, does will not infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright, trademark or trade secret right) held by any other Personperson or entity, and there have been no claims made with respect thereto. The ; (b) the use of any of the Marks and other IP Rights in the Company's business will not infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright, trademark or trade secret right) held by any other person or entity, and there have been no claims made with respect thereto; and (c) the Company has not received any notice or claim (whether written, oral or otherwise) regarding any infringement, misappropriation, misuse, abuse or other interference with any third-third party intellectual property or proprietary rights (including, without limitation, infringement of any patent, copyright, trademark or trade secret right of any third party) by the Company, the Technology, Technology or the Marks or other IP Rights, Rights or claiming that any other entity has any claim of infringement with respect thereto.
Appears in 1 contract
Samples: Merger Agreement (Amazon Com Inc)
Infringement by the Company. The Except as set forth on SCHEDULE 2.14.8 to the Company Disclosure Memorandum, (a) the use of any of the Technology in the Company's business, as presently conducted or as currently proposed to be conducted, business does not and will not infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright or trade secret right) held by any other Personperson or entity, and there have been no claims made with respect thereto. The ; (b) the use of any of the Marks and other IP Rights in the Company's business, as presently conducted or as currently proposed to be conducted, does business will not infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright, trademark or trade secret right) held by any other Personperson or entity, and there have been no claims made with respect thereto. The ; and (c) the Company has not received any notice or claim (whether written, oral or otherwise) regarding any infringement, misappropriation, misuse, abuse or other interference with any third-third party intellectual property or proprietary rights (including, without limitation, infringement of any patent, copyright, trademark or trade secret right of any third party) by the Company, the Technology, Technology or the Marks or other IP Rights, or claiming that any other entity has any claim of infringement with respect thereto.
Appears in 1 contract
Samples: Merger Agreement (Shopnow Com Inc)