Common use of Intellectual Property; Computer Software Clause in Contracts

Intellectual Property; Computer Software. (a) Patents, Trademarks, Tradenames, Etc. ------------------------------------ Schedule 3.13 lists all material trademarks, trade names, service marks, service names, brand names, copyrights and patents, registrations thereof and applications therefor, owned by the Company or the Subsidiaries. All such trademarks, trade names, service marks, service names, brand names, copyrights, patents and registrations thereof and applications therefor are owned by, and may be used by, the Company or the appropriate Subsidiary free and clear of any third party rights, liens, claims, security interests or encumbrances, except for license rights granted to third parties in the ordinary course of business of the Company and the Subsidiaries. Except as disclosed on Schedule 3.13, neither the Company nor any of the Subsidiaries is violating the rights in any trademark, trade name, service mark, xxrvice name, copyright, patent, trade secret, know-how or other intangible right (collectively, "Intangible Rights") of any third party, except where such violation would not have a Material Adverse Effect on the Company. Except as disclosed on Schedule 3.13, upon consummation of the Merger, the Company and the Subsidiaries will continue to own or have the right to use all Intangible Rights necessary to conduct their respective businesses (other than any such Rights, the absence of which would not have a Material Adverse Effect on the Company). Except as disclosed on Schedule 3.13, Company is not a party to any action or proceeding (either as plaintiff, defendant, claimant, respondent or any other capacity), nor is any such action or proceeding now pending or threatened, involving a claim of infringement or other wrongful use or exploitation of patent rights, copyrights, or rights in trade names, trademark or service marks, or claim of misappropriation, breach of confidential relationship, or misuse of secret or confidential trade or technical information.

Intellectual Property; Computer Software. (a) Patents, Trademarks, Tradenames, Etc. ------------------------------------ Schedule 3.13 lists all ---------------------------------------- material trademarks, trade names, service marks, service names, brand names, copyrights and patents, registrations thereof and applications therefor, owned by the Company or the Subsidiaries. All such trademarks, trade names, service marks, service names, brand names, copyrights, patents and registrations thereof and applications therefor are owned by, and may be used by, the Company or the appropriate Subsidiary free and clear of any third party rights, liens, claims, security interests or encumbrances, except for license rights granted to third parties in the ordinary course of business of the Company and the Subsidiaries. Except as disclosed on Schedule 3.13, neither the Company nor any of the Subsidiaries is violating the rights in any trademark, trade name, service markmxxx, xxrvice service name, copyright, patent, trade secret, know-how or other intangible right (collectively, "Intangible Rights") of any third party, except where such violation would not have a Material Adverse Effect on the Company. Except as disclosed on Schedule 3.13, upon consummation of the Merger, the Company and the Subsidiaries will continue to own or have the right to use all Intangible Rights necessary to conduct their respective businesses (other than any such Rights, the absence of which would not have a Material Adverse Effect on the Company). Except as disclosed on Schedule 3.13, Company is not a party to any action or proceeding (either as plaintiff, defendant, claimant, respondent or any other capacity), nor is any such action or proceeding now pending or threatened, involving a claim of infringement or other wrongful use or exploitation of patent rights, copyrights, or rights in trade names, trademark or service marks, or claim of misappropriation, breach of confidential relationship, or misuse of secret or confidential trade or technical information.

Intellectual Property; Computer Software. (a) Patents, Trademarks, Tradenames, Etc. ------------------------------------ Schedule 3.13 lists all material trademarks, trade names, service marks, service names, brand names, copyrights and patents, registrations thereof and applications therefor, owned by the Company or the Subsidiaries. All such trademarks, trade names, service marks, service names, brand names, copyrights, patents and registrations thereof and applications therefor are owned by, and may be used by, the Company or the appropriate Subsidiary free and clear of any third party rights, liens, claims, security interests or encumbrances, except for license rights granted to third parties in the ordinary course of business of the Company and the Subsidiaries. Except as disclosed on Schedule 3.13, neither the Company nor any of the Subsidiaries is violating the rights in any trademark, trade name, service markxxxx, xxrvice service name, copyright, patent, trade secret, know-how or other intangible right (collectively, "Intangible Rights") of any third party, except where such violation would not have a Material Adverse Effect on the Company. Except as disclosed on Schedule 3.13, upon consummation of the Merger, the Company and the Subsidiaries will continue to own or have the right to use all Intangible Rights necessary to conduct their respective businesses (other than any such Rights, the absence of which would not have a Material Adverse Effect on the Company). Except as disclosed on Schedule 3.13, Company is not a party to any action or proceeding (either as plaintiff, defendant, claimant, respondent or any other capacity), nor is any such action or proceeding now pending or threatened, involving a claim of infringement or other wrongful use or exploitation of patent rights, copyrights, or rights in trade names, trademark or service marks, or claim of misappropriation, breach of confidential relationship, or misuse of secret or confidential trade or technical information.