Common use of Infringement by the Company Clause in Contracts

Infringement by the Company. Except as set forth in Schedule 2.14(f) of the Schedule of Exceptions, (i) to the Knowledge of the Company, the use of any of the Technology in the Company’s business does not and will not conflict with, infringe upon, 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 or entity, and there have been no claims made with respect thereto, (ii) to the best of the Company’s Knowledge, the use of any of the Marks in the Company’s business will not conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any trademark) held by any other Person or entity, and there have been no claims made with respect thereto; and (iii) the Company has not received any notice or claim (whether written, oral or otherwise) regarding any infringement of third party intellectual property rights (including, without limitation, infringement of any patent, copyright, trademark or trade secret right of any third party) by the Company, the Technology or the Marks or suggesting that any other entity has any claim of infringement with respect thereto.

Appears in 2 contracts

Samples: Merger Agreement (Pipeline Data Inc), Merger Agreement (Pipeline Data Inc)

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Infringement by the Company. Except as set forth in Schedule 2.14(f) of on SCHEDULE 2.14.8 to the Schedule of ExceptionsCompany Disclosure Memorandum, (ia) to the Knowledge of the Company, the use of any of the Technology in the Company’s 's business as now conducted and as currently planned to be conducted does not and will not conflict with, infringe uponinfringe, 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 person or entity, and there have been no claims made with respect thereto, ; (iib) to the best of the Company’s Knowledge, the use of any of the Marks and other IP Rights in the Company’s 's business will not conflict with, infringe uponinfringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any trademarkpatent, copyright, trademark or trade secret right) held by any other Person person or entity, and there have been no claims made with respect thereto; and (iiic) the Company has not received any notice or claim (whether written, oral or otherwise) regarding any infringement of 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 or the Marks or suggesting 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)

Infringement by the Company. Except as set forth in Schedule 2.14(f2.13(f) of the Schedule of Exceptions, to the best of Company’s knowledge, (i) to the Knowledge of the Company, the use of any of the Technology in the Company’s business does not and will not conflict with, infringe upon, 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 or entity, and there have been no claims made with respect thereto, (ii) to the best of the Company’s Knowledgeknowledge, the use of any of the Marks in the Company’s business will not conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any trademark) held by any other Person or entity, and there have been no claims made with respect thereto; and (iii) the Company has not received any notice or claim (whether written, oral or otherwise) regarding any infringement of third party intellectual property rights (including, without limitation, infringement of any patent, copyright, trademark or trade secret right of any third party) by the Company, the Technology or the Marks or suggesting that any other entity has any claim of infringement with respect thereto.

Appears in 1 contract

Samples: Merger Agreement (Pipeline Data Inc)

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Infringement by the Company. Except as set forth in Schedule 2.14(f) of 2.14.7 to the Schedule of ExceptionsDisclosure Memorandum, (ia) to the Knowledge of the Company, the use of any of the Technology in the Company’s 's business does not and will will, to the knowledge of the Company, not conflict with, infringe uponinfringe, 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 person or entity, and there have been no claims made with respect thereto, (iib) to the best of the Company’s Knowledge, the use of any of the Marks and other IP Rights in the Company’s 's business will not conflict with, infringe uponinfringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any trademarkpatent, copyright, trademark or trade secret right) held by any other Person person or entity, and there have been no claims made with respect thereto; , and (iiic) the Company has not received any notice or claim (whether written, oral or otherwise) regarding any infringement of 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 or the Marks or suggesting other IP 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)

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