Common use of Intellectual Properties Clause in Contracts

Intellectual Properties. The operation of the business of FNDB or any of its subsidiaries requires no rights under Intellectual Property (as hereinafter defined) other than rights under Intellectual Property listed on Schedule 4.13 attached hereto, and rights granted to FNDB or any of its subsidiaries pursuant to agreements listed on Schedule 4.13. Within the three year period immediately prior to the date of this Agreement, neither the business of FNDB or any of its subsidiaries made use of Intellectual Property rights other than rights under Intellectual Property listed on Schedule 4.13 and rights granted to FNDB or any of its subsidiaries pursuant to agreements listed on Schedule 4.13. Except as otherwise set forth on Schedule 4.13, either FNDB or any of its subsidiaries owns all right, title and interest in the Intellectual Property listed on Schedule 4.13 including, without limitation, exclusive rights to use and license the same. Each item of Intellectual Property listed on Schedule 4.13 has been duly registered with, filed in, or issued by the appropriate domestic or foreign governmental agency, to the extent required, and each such registration, filing and issuance remains in full force and effect. Except as set forth on Schedule 4.13, no claim adverse to the interests of FNDB or any of its subsidiaries in the Intellectual Property or agreements listed on Schedule 4.13 has been made in litigation. To the best knowledge, information and belief of the Principal Shareholders, no such claim has been threatened or asserted, no basis exists for any such claim, and no Person has infringed or otherwise violated the rights of FNDB or any of its subsidiaries in any of the Intellectual Property or agreements listed on Schedule 4.13. Except as set forth on Schedule 4.13, no litigation is pending wherein FNDB or any of its subsidiaries is accused of infringing or otherwise violating the Intellectual Property right of another, or of breaching a contract conveying rights under Intellectual Property. To the best knowledge, information and belief of the Principal Shareholders, no such claim has been asserted or threatened against FNDB or any of its subsidiaries, nor are there any facts that would give rise to such a claim. For purposes of this Section 4.13, "Intellectual Property" means domestic and foreign patents, patent applications, registered and unregistered trade marks and service marks, trade names, registered and unregistered copyrights, computer programs, data bases, trade secrets and proprietary information. The Principal Shareholders will transfer any Intellectual Property owned by them and used in FNDB or any of its subsidiaries' business to Be Safe.

Intellectual Properties. The operation of the business of FNDB or any of its subsidiaries the Acquired Companies requires no rights under Intellectual Property (as hereinafter defined) other than rights under Intellectual Property listed on Schedule 4.13 in Part 3.22 of the Disclosure Letter attached hereto, hereto and rights granted to FNDB or any of its subsidiaries the Acquired Companies pursuant to agreements listed on Schedule 4.13in Part 3.22 of the Disclosure Letter. Within the three six year period immediately prior to the date of this Agreement, neither the business of FNDB or any of its subsidiaries the Acquired Companies made use of no Intellectual Property rights other than rights under Intellectual Property listed on Schedule 4.13 in Part 3.22 of the Disclosure Letter and rights granted to FNDB or any of its subsidiaries the Acquired Companies pursuant to agreements listed on Schedule 4.13in Part 3.22 of the Disclosure Letter. Except as otherwise set forth on Schedule 4.13in Part 3.22 of the Disclosure Letter, either FNDB or any of its subsidiaries owns the Acquired Companies own all right, title and interest in the Intellectual Property listed on Schedule 4.13 in Part 3.22 of the Disclosure Letter including, without limitation, exclusive rights to use and license the same. Each item of Intellectual Property listed on Schedule 4.13 in Part 3.22 of the Disclosure Letter has been duly registered with, filed in, or issued by the appropriate domestic or foreign governmental agency, to the extent required, and each such registration, filing and issuance remains in full force and effect. Except as set forth on Schedule 4.13in Part 3.22 of the Disclosure Letter, no claim adverse to the interests of FNDB or any of its subsidiaries the Acquired Companies in the Intellectual Property or agreements listed on Schedule 4.13 in Part 3.22 of the Disclosure Letter has been made in litigationlitigation or otherwise. To the best knowledge, information and belief Knowledge of the Principal ShareholdersSeller, no such claim has been threatened or asserted, no basis exists for any such claim, and no Person has infringed or otherwise violated the rights of FNDB or any of its subsidiaries Acquired Company's right in any of the Intellectual Property or agreements listed on Schedule 4.13in Part 3.22 of the Disclosure Letter. Except as set forth on Schedule 4.13in Part 3.22 of the Disclosure Letter, no litigation is pending wherein FNDB or any of its subsidiaries Acquired Company is accused of infringing or otherwise violating the Intellectual Property right of another, or of breaching a contract conveying rights under Intellectual Property. To the best knowledge, information and belief Knowledge of the Principal ShareholdersSeller, no such claim has been asserted or threatened against FNDB or any of its subsidiariesAcquired Company, nor are there any facts that would give rise to such a claim. For purposes of this Section 4.133.22, "Intellectual Property" means domestic and foreign patents, patent applications, registered and unregistered trade marks and service marks, trade names, and registered and unregistered copyrights, computer programs, data bases, trade secrets and proprietary information. The Principal Shareholders will transfer any Intellectual Property owned by them and used in FNDB or any of its subsidiaries' business to Be Safe.

Intellectual Properties. The operation of the business of FNDB or any of its subsidiaries Integra requires no rights under Intellectual Property (as hereinafter defined) other than rights under Intellectual Property listed on Schedule 4.13 attached hereto, and rights granted to FNDB or any of its subsidiaries Integra pursuant to agreements listed on Schedule 4.13. Within the three year period immediately prior to the date of this Agreement, neither the business of FNDB or any of its subsidiaries Integra made use of Intellectual Property rights other than rights under Intellectual Property listed on Schedule 4.13 and rights granted to FNDB or any of its subsidiaries Integra pursuant to agreements listed on Schedule 4.13. Except as otherwise set forth on Schedule 4.13, either FNDB or any of its subsidiaries Integra owns all right, title and interest in the Intellectual Property listed on Schedule 4.13 including, without limitation, exclusive rights to use and license the same. Each item of Intellectual Property listed on Schedule 4.13 has been duly registered with, filed in, or issued by the appropriate domestic or foreign governmental agency, to the extent required, and each such registration, filing and issuance remains in full force and effect. Except as set forth on Schedule 4.13, no claim adverse to the interests of FNDB or any of its subsidiaries Integra in the Intellectual Property or agreements listed on Schedule 4.13 has been made in litigation. To the best knowledge, information and belief of the Principal Shareholders, no such claim has been threatened or asserted, no basis exists for any such claim, and no Person has infringed or otherwise violated the rights of FNDB or any of its subsidiaries Integra in any of the Intellectual Property or agreements listed on Schedule 4.13. Except as set forth on Schedule 4.13, no litigation is pending wherein FNDB or any of its subsidiaries Integra is accused of infringing or otherwise violating the Intellectual Property right of another, or of breaching a contract conveying rights under Intellectual Property. To the best knowledge, information and belief of the Principal Shareholders, no such claim has been asserted or threatened against FNDB or any of its subsidiariesIntegra, nor are there any facts that would give rise to such a claim. For purposes of this Section 4.13, "Intellectual Property" means domestic and foreign patents, patent applications, registered and unregistered trade marks trademarks and service marks, trade names, registered and unregistered copyrights, computer programs, data bases, trade secrets and proprietary information. The Principal Shareholders will transfer any Intellectual Property owned by them it and used in FNDB or any of its subsidiariesIntegra' business to Be SafeColumbialum.

Intellectual Properties. The operation of the business of FNDB or any of its subsidiaries S2 New York requires no rights under Intellectual Property (as hereinafter defined) other than rights under Intellectual Property listed on Schedule 4.13 attached hereto5.9, and rights granted to FNDB or any of its subsidiaries S2 New York pursuant to agreements listed on Schedule 4.135.9. Within the three three-year period immediately prior to the date of this Agreement, neither the business of FNDB or any of its subsidiaries made S2 New York did not make use of Intellectual Property rights other than rights under Intellectual Property listed on Schedule 4.13 5.9 and rights granted to FNDB or any of its subsidiaries S2 New York pursuant to agreements listed on Schedule 4.135.9. Except as otherwise set forth on Schedule 4.135.9, either FNDB or any of its subsidiaries S2 New York owns all right, title and interest in the Intellectual Property listed on Schedule 4.13 5.9 including, without limitation, exclusive rights to use and license the same. Each item of Intellectual Property listed on Schedule 4.13 5.9 has been duly registered with, filed in, or issued by the appropriate domestic or foreign governmental agency, to the extent required, and each such registration, filing and issuance remains in full force and effect. Except as set forth on Schedule 4.135.9, no claim adverse to the interests of FNDB or any of its subsidiaries S2 New York in the Intellectual Property or agreements listed on Schedule 4.13 5.9 has been made in litigation. To the best knowledge, information and belief of S2 New York and the Principal Shareholders, no such claim has been threatened or asserted, no basis exists for any such claim, and no Person has infringed or otherwise violated the rights of FNDB or any of its subsidiaries S2 New York in any of the Intellectual Property or agreements listed on Schedule 4.135.9. Except as set forth on Schedule 4.135.9, no litigation is pending wherein FNDB or any of its subsidiaries S2 New York is accused of infringing or otherwise violating the Intellectual Property right of another, or of breaching a contract conveying rights under Intellectual Property. To the best knowledge, information and belief of S2 New York and the Principal Shareholders, no such claim has been asserted or threatened against FNDB or any of its subsidiariesS2 New York, nor are there any facts that would give rise to such a claim. For purposes of this Section 4.135.9, "“Intellectual Property" ” means domestic and foreign patents, patent applications, registered and unregistered trade marks trademarks and service marks, trade names, registered and unregistered copyrights, computer programs, data bases, trade secrets and proprietary information. The Principal S2 New York and the Shareholders will transfer any Intellectual Property owned by them and used in FNDB or any of its subsidiaries' S2 New York’s business to Be SafeINCA.

Intellectual Properties. The operation of the business of FNDB or any of its subsidiaries Global requires no rights under Intellectual Property (as hereinafter defined) other than rights under Intellectual Property listed on Schedule 4.13 attached hereto, and rights granted to FNDB or any of its subsidiaries Global pursuant to agreements listed on Schedule 4.13. Within the three year period immediately prior to the date of this Agreement, neither the business of FNDB or any of its subsidiaries made Global did not make use of Intellectual Property rights other than rights under Intellectual Property listed on Schedule 4.13 and rights granted to FNDB or any of its subsidiaries Global pursuant to agreements listed on Schedule 4.13. Except as otherwise set forth on Schedule 4.13, either FNDB or any of its subsidiaries Global owns all right, title and interest in the Intellectual Property listed on Schedule 4.13 including, without limitation, exclusive rights to use and license the same. Each item of Intellectual Property listed on Schedule 4.13 has been duly registered with, filed in, or issued by the appropriate domestic or foreign governmental agency, to the extent required, and each such registration, filing and issuance remains in full force and effect. Except as set forth on Schedule 4.13, no claim adverse to the interests of FNDB or any of its subsidiaries Global in the Intellectual Property or agreements listed on Schedule 4.13 has been made in litigation. To the best knowledge, information and belief of the Principal Shareholders, no such claim has been threatened or asserted, no basis exists for any such claim, and no Person has infringed or otherwise violated the rights of FNDB or any of its subsidiaries Global in any of the Intellectual Property or agreements listed on Schedule 4.13. Except as set forth on Schedule 4.13, no litigation is pending wherein FNDB or any of its subsidiaries Global is accused of infringing or otherwise violating the Intellectual Property right of another, or of breaching a contract conveying rights under Intellectual Property. To the best knowledge, information and belief of the Principal Shareholders, no such claim has been asserted or threatened against FNDB or any of its subsidiariesGlobal, nor are there any facts that would give rise to such a claim. For purposes of this Section 4.13, "Intellectual Property" means domestic and foreign patents, patent applications, registered and unregistered trade marks and service marks, trade names, registered and unregistered copyrights, computer programs, data bases, trade secrets and proprietary information. The Principal Shareholders will transfer any Intellectual Property owned by them it and used in FNDB or any of its subsidiaries' Global's business to Be Safe1STOP.

Intellectual Properties. The To the best knowledge of the Principal Shareholders after due inquiry the operation of the business of FNDB Bong or any of its subsidiaries requires no rights under Intellectual Property (as hereinafter defined) other than rights under Intellectual Property listed on Schedule 4.13 attached hereto, and rights granted to FNDB Bong or any of its subsidiaries pursuant to agreements listed on Schedule 4.13. Within the three year period immediately prior to the date of this Agreement, neither the business of FNDB Bong or any of its subsidiaries made use of Intellectual Property rights other than rights under Intellectual Property listed on Schedule 4.13 and rights granted to FNDB Bong or any of its subsidiaries pursuant to agreements listed on Schedule 4.13. Except as otherwise set forth on Schedule 4.13, either FNDB Bong or any of its subsidiaries owns all right, title and interest in the Intellectual Property listed on Schedule Sched­ule 4.13 including, without limitation, exclusive rights to use and license the same. Each item of Intellectual Property listed on Schedule 4.13 has been duly registered with, filed in, or issued by the appropriate domestic or foreign governmental agency, to the extent required, and each such registration, filing and issuance remains in full force and effect. Except as set forth on Schedule 4.13, no claim adverse to the interests of FNDB Bong or any of its subsidiaries in the Intellectual Property or agreements listed on Schedule 4.13 has been made in litigation. To the best knowledge, information and belief of the Principal Shareholders, no such claim has been threatened or asserted, no basis exists for any such claim, and no Person has infringed or otherwise violated the rights of FNDB Bong or any of its subsidiaries in any of the Intellectual Property or agreements listed on Schedule 4.13. Except as set forth on Schedule 4.13, no litigation is pending wherein FNDB Bong or any of its subsidiaries is accused of infringing or otherwise violating the Intellectual Property right of another, or of breaching a contract conveying rights under Intellectual Property. To the best knowledge, information and belief of the Principal Shareholders, no such claim has been asserted or threatened against FNDB Bong or any of its subsidiaries, nor are there any facts that would give rise to such a claim. For purposes of this Section 4.13, "“Intellectual Property" ” means domestic and foreign patents, patent applications, registered and unregistered trade marks and service marks, trade names, registered regis­tered and unregistered copyrights, computer programs, data bases, trade secrets and proprietary information. The Principal Shareholders will transfer any Intellectual Property owned by them and used in FNDB Bong or any of its subsidiaries' ’ business to Be SafeMillennium.

Intellectual Properties. The operation of the business of FNDB GPEH or any of its subsidiaries requires no rights under Intellectual Property (as hereinafter defined) other than rights under Intellectual Property listed on Schedule 4.13 attached hereto, and rights granted to FNDB GPEH or any of its subsidiaries pursuant to agreements listed on Schedule 4.13. Within the three year period immediately prior to the date Since inception of this AgreementGPEH or any of its subsidiaries, neither the business of FNDB GPEH or any of its subsidiaries made use of Intellectual Property rights other than rights under Intellectual Property listed on Schedule 4.13 and rights granted to FNDB GPEH or any of its subsidiaries pursuant to agreements listed on Schedule 4.13. Except as otherwise set forth on Schedule 4.13, either FNDB GPEH or any of its subsidiaries owns all right, title and interest in the Intellectual Property listed on Schedule 4.13 including, without limitation, exclusive rights to use and license the same. Each item of Intellectual Property listed on Schedule 4.13 has been duly registered with, filed in, or issued by the appropriate domestic or foreign governmental agency, to the extent required, and each such registration, filing and issuance remains in full force and effect. Except as set forth on Schedule 4.13, no claim adverse to the interests of FNDB GPEH or any of its subsidiaries in the Intellectual Property or agreements listed on Schedule 4.13 has been made in litigation. To the best knowledge, information and belief of the Principal Shareholders, no such claim has been threatened or asserted, no basis exists for any such claim, and no Person has infringed or otherwise violated the rights of FNDB GPEH or any of its subsidiaries in any of the Intellectual Property or agreements listed on Schedule 4.13. Except as set forth on Schedule 4.13, no litigation is pending wherein FNDB GPEH or any of its subsidiaries is accused of infringing or otherwise violating the Intellectual Property right of another, or of breaching a contract conveying rights under Intellectual Property. To the best knowledge, information and belief of the Principal Shareholders, no such claim has been asserted or threatened against FNDB GPEH or any of its subsidiaries, nor are there any facts that would give rise to such a claim. For purposes of this Section 4.134.13 and Section 5.13, "Intellectual Property" means domestic and foreign patents, patent applications, registered and unregistered trade marks trademarks and service marks, trade names, registered and unregistered copyrights, computer programs, data bases, trade secrets and proprietary information. The Principal Shareholders will transfer any Intellectual Property owned by them it and used in FNDB or any of its subsidiaries' business GPEH's Business to Be SafeDr. Owl.

Intellectual Properties. The To the best knowledge of the Shareholder after due inquiry the operation of the business of FNDB IPoint or any of its subsidiaries requires no rights under Intellectual Property (as hereinafter defined) other than rights under Intellectual Property listed on Schedule 4.13 attached hereto, and rights granted to FNDB IPoint or any of its subsidiaries pursuant to agreements listed on Schedule 4.13. Within the three year period immediately prior to the date of this Agreement, neither the business of FNDB IPoint or any of its subsidiaries made use of Intellectual Property rights other than rights under Intellectual Property listed on Schedule 4.13 and rights granted to FNDB IPoint or any of its subsidiaries pursuant to agreements listed on Schedule 4.13. Except as otherwise set forth on Schedule 4.13, either FNDB IPoint or any of its subsidiaries owns all right, title and interest in the Intellectual Property listed on Schedule 4.13 including, without limitation, exclusive rights to use and license the same. Each item of Intellectual Property listed on Schedule 4.13 has been duly registered with, filed in, or issued by the appropriate domestic or foreign governmental agency, to the extent required, and each such registration, filing and issuance remains in full force and effect. Except as set forth on Schedule 4.13, no claim adverse to the interests of FNDB IPoint or any of its subsidiaries in the Intellectual Property or agreements listed on Schedule 4.13 has been made in litigation. To the best knowledge, information and belief of the Principal ShareholdersShareholder, no such claim has been threatened or asserted, no basis exists for any such claim, and no Person has infringed or otherwise violated the rights of FNDB IPoint or any of its subsidiaries in any of the Intellectual Property or agreements listed on Schedule 4.13. Except as set forth on Schedule 4.13, no litigation is pending wherein FNDB IPoint or any of its subsidiaries is accused of infringing or otherwise violating the Intellectual Property right of another, or of breaching a contract conveying rights under Intellectual Property. To the best knowledge, information and belief of the Principal ShareholdersShareholder, no such claim has been asserted or threatened against FNDB IPoint or any of its subsidiaries, nor are there any facts that would give rise to such a claim. For purposes of this Section 4.13, "“Intellectual Property" ” means domestic and foreign patents, patent applications, registered and unregistered trade marks and service marks, trade names, registered and unregistered copyrights, computer programs, data bases, trade secrets and proprietary information. The Principal Shareholders Shareholder will transfer any Intellectual Property owned by them and used in FNDB IPoint or any of its subsidiaries' ’ business to Be SafeSwordfish.

Intellectual Properties. The operation of the business of FNDB NYBD or any of its subsidiaries requires no rights under Intellectual Property (as hereinafter defined) other than rights under Intellectual Property listed on Schedule 4.13 attached hereto, and rights granted to FNDB NYBD or any of its subsidiaries pursuant to agreements listed on Schedule 4.13. Within the three year period immediately prior to the date of this Agreement, neither the business of FNDB NYBD or any of its subsidiaries made use of Intellectual Property rights other than rights under Intellectual Property listed on Schedule 4.13 and rights granted to FNDB NYBD or any of its subsidiaries pursuant to agreements listed on Schedule 4.13. Except as otherwise set forth on Schedule 4.13, either FNDB NYBD or any of its subsidiaries owns all right, title and interest in the Intellectual Property listed on Schedule 4.13 including, without limitation, exclusive rights to use and license the same. Each item of Intellectual Property listed on Schedule 4.13 has been duly registered with, filed in, or issued by the appropriate domestic or foreign governmental agency, to the extent required, and each such registration, filing and issuance remains in full force and effect. Except as set forth on Schedule 4.13, no claim adverse to the interests of FNDB NYBD or any of its subsidiaries in the Intellectual Property or agreements listed on Schedule 4.13 has been made in litigation. To the best knowledge, information and belief of the Principal Shareholders, no such claim has been threatened or asserted, no basis exists for any such claim, and no Person has infringed or otherwise violated the rights of FNDB NYBD or any of its subsidiaries in any of the Intellectual Property or agreements listed on Schedule 4.13. Except as set forth on Schedule 4.13, no litigation is pending wherein FNDB NYBD or any of its subsidiaries is accused of infringing or otherwise violating the Intellectual Property right of another, or of breaching a contract conveying rights under Intellectual Property. To the best knowledge, information and belief of the Principal Shareholders, no such claim has been asserted or threatened against FNDB NYBD or any of its subsidiaries, nor are there any facts that would give rise to such a claim. For purposes of this Section 4.13, "“Intellectual Property" ” means domestic and foreign patents, patent applications, registered and unregistered trade marks and service marks, trade names, registered and unregistered copyrights, computer programs, data bases, trade secrets and proprietary information. The Principal Shareholders will transfer any Intellectual Property owned by them it and used in FNDB NYBD or any of its subsidiaries' ’ business to Be SafeLEAGUE NOW.

Intellectual Properties. The operation of the business of FNDB or any of its subsidiaries CareView requires no rights under Intellectual Property (as hereinafter defined) other than rights under Intellectual Property listed on Schedule 4.13 attached hereto4.8, and rights granted to FNDB or any of its subsidiaries CareView pursuant to agreements listed on Schedule 4.134.8. Within the three three-year period immediately prior to the date of this Agreement, neither the business of FNDB or any of its subsidiaries made CareView did not make use of Intellectual Property rights other than rights under Intellectual Property listed on Schedule 4.13 4.8 and rights granted to FNDB or any of its subsidiaries CareView pursuant to agreements listed on Schedule 4.134.8. Except as otherwise set forth on Schedule 4.134.8, either FNDB or any of its subsidiaries CareView owns all right, title and interest in the Intellectual Property listed on Schedule 4.13 4.8 including, without limitation, exclusive rights to use and license the same. Each item of Intellectual Property listed on Schedule 4.13 4.8 has been duly registered with, filed in, or issued by the appropriate domestic or foreign governmental agency, to the extent required, and each such registration, filing and issuance remains in full force and effect. Except as set forth on Schedule 4.134.8, no claim adverse to the interests of FNDB or any of its subsidiaries CareView in the Intellectual Property or agreements listed on Schedule 4.13 4.8 has been made in litigation. To the best knowledge, information and belief of the Principal ShareholdersCareView’s management, no such claim has been threatened or asserted, no basis exists for any such claim, and no Person has infringed or otherwise violated the rights of FNDB or any of its subsidiaries CareView in any of the Intellectual Property or agreements listed on Schedule 4.134.8. Except as set forth on Schedule 4.134.8, no litigation is pending wherein FNDB or any of its subsidiaries CareView is accused of infringing or otherwise violating the Intellectual Property right of another, or of breaching a contract conveying rights under Intellectual Property. To the best knowledge, information and belief of the Principal ShareholdersCareView’s management, no such claim has been asserted or threatened against FNDB or any of its subsidiariesCareView, nor are there any facts that would give rise to such a claim. For purposes of this Section 4.134.8, "“Intellectual Property" ” means domestic and foreign patents, patent applications, registered and unregistered trade marks trademarks and service marks, trade names, registered and unregistered copyrights, computer programs, data basesdatabases, trade secrets and proprietary information. The Principal Shareholders CareView will transfer any Intellectual Property owned by them and used in FNDB or any of its subsidiaries' CareView’s business to Be SafeECGT.

Intellectual Properties. The To the best knowledge of the Principal Shareholders after due inquiry the operation of the business of FNDB or any of its subsidiaries business, the Mxxx Jxxx Group requires no rights under Intellectual Property (as hereinafter defined) other than rights under Intellectual Property listed on Schedule 4.13 3.16 attached hereto, and rights granted to FNDB or any of its subsidiaries the Mxxx Jxxx Group pursuant to agreements listed on Schedule 4.133.16. Within the three year period immediately prior to the date of this Agreement, neither the business of FNDB or any of its subsidiaries the Mxxx Jxxx Group made use of Intellectual Property rights other than rights under Intellectual Property listed on Schedule 4.13 3.16 and rights granted to FNDB or any of its subsidiaries the Mxxx Jxxx Group pursuant to agreements listed on Schedule 4.133.16. Except as otherwise set forth on Schedule 4.133.16, either FNDB or any of its subsidiaries the Mxxx Jxxx Group owns all right, title and interest in the Intellectual Property listed on Schedule 4.13 3.16 including, without limitation, exclusive rights to use and license the same. Each item of Intellectual Property listed on Schedule 4.13 3.16 has been duly registered with, filed in, or issued by the appropriate domestic or foreign governmental agency, to the extent required, and each such registration, filing and issuance remains in full force and effect. Except as set forth on Schedule 4.133.16, no claim adverse to the interests of FNDB or any of its subsidiaries the Mxxx Jxxx Group in the Intellectual Property or agreements listed on Schedule 4.13 3.16 has been made in litigation. To the best knowledge, information and belief of the Principal Shareholders, no such claim has been threatened or asserted, no basis exists for any such claim, and no Person has infringed or otherwise violated the rights of FNDB or any of its subsidiaries the Mxxx Jxxx Group in any of the Intellectual Property or agreements listed on Schedule 4.133.16. Except as set forth on Schedule 4.133.16, no litigation is pending wherein FNDB or any of its subsidiaries the Mxxx Jxxx Group is accused of infringing or otherwise violating the Intellectual Property right of another, or of breaching a contract conveying rights under Intellectual Property. To the best knowledge, information and belief of the Principal Shareholders, no such claim has been asserted or threatened against FNDB or any of its subsidiariesthe Mxxx Jxxx Group, nor are there any facts that would give rise to such a claim. For purposes of this Section 4.133.16, "Intellectual Property" means domestic and foreign patents, patent applications, registered and unregistered trade marks trademarks and service marks, trade names, registered and unregistered copyrights, computer programs, data bases, trade secrets and proprietary information. The Principal Shareholders will transfer any Intellectual Property owned by them and used in FNDB or any of its subsidiaries' the Mxxx Jxxx Group business to Be SafePladeo.