Intellectual Property; Trademarks. (a) The Company has the right to use, free and clear of all liens, charges, claims and restrictions, all patents, trademarks, service marks, trade names, copyrights, licenses and other intellectual property rights necessary to the business of the Company as presently conducted. To the best of the Company's knowledge, the Company is not infringing upon or otherwise acting adversely to the right or claimed right of any other person under or with respect to the foregoing.
(b) The Company is at least a 50 percent owner of the entire right, title and interest in and to the subject U.S. and foreign (excluding Israel) patents and patent applications included in Schedule 3.13 (collectively, the ------------- "Properties"), and, in particular, is a 100 percent owner of the entire right, ---------- title and interest in and to U.S. Application No. 08/893,403 and corresponding PCT Application No. PCT/US971/12045.
(c) To the best knowledge of the Company, the Properties encompass all patents and patent applications relating to communication systems that are wholly or partially owned by Inline Connection Corporation.
(d) The Company has undertaken a reasonable investigation and has determined that there are no claims, actions or proceedings, pending or to the best knowledge of the Company threatened, or other information that challenges the validity and/or the enforceability of any of the claims in the patents or of any of the claims of the patent applications that may issue with respect to the Properties.
(e) The Company will use commercially reasonable efforts to prosecute (to the extent that the Company has a legal right to do so) all of the pending patent applications listed in Schedule 3.13, with a view to obtaining broad patent protection covering technology (known as "Overvoice") relating to the --------- simultaneous transmission of voice and data over a single traditional copper telephone line at speeds of up to 300 times those of conventional 28.8k dial-up modems and to enable a user to have both designated high-speed Internet access and complete use of his telephone simultaneously over one traditional telephone line.
(f) There are no encumbrances, third party or otherwise, against any of the Properties.
Intellectual Property; Trademarks. We should note that Intellectual Property (IP) will be determined for any specific item that is developed to bring to the market with the work of the ESAA. For any specific item that the community of Members brings to the market there will be a separate agreement. The EdSAFE AI name and all components are managed by the DXtera Institute. These items existing and to be developed by the community of Members will be governed under an ECL 2.0 license, which is typically utilized by DXtera, until a separate agreement for an item is developed. Each party grants the other the right to use its logo for the purpose of promoting the alignment, communications and coordination activities covered by this agreement.
Intellectual Property; Trademarks. As used in this Agreement, “Intellectual Property” means all exclusive rights over creations of the mind, both artistic and commercial, including, but not limited to, patents, patent applications, continuations, continuations-in-part, divisionals, extensions, reexaminations, reissues, utility models, industrial designs, trade secrets, know-how, mask works, works of authorship, information fixed in any tangible medium of expression, registered and unregistered copyrights, and Trademarks, along with all associated goodwill. As used in this Agreement, “Trademarks” means all trademarks, service marks, trade dress, logos, slogans, trade names, and corporate names.
Intellectual Property; Trademarks. 4.1 All intellectual property rights existing prior to the Effective Date of this Agreement shall belong to the party that owned such rights immediately prior to the Effective Date. Neither party shall gain by virtue of this Agreement any rights of ownership of copyrights, patents, trade secrets, trademarks or any other intellectual property rights owned by the other. If the parties decide to undertake any joint development pursuant to this Agreement, any such joint development shall be governed by a separate joint development agreement to be negotiated in good faith by the parties and executed prior to the commencement of any joint development efforts.
4.2 Neither party, without the express prior written consent of the other party, shall use the trademarks, service marks, proprietary words or symbols of the other party.
4.3 Nothing in this Agreement shall affect either party's right to use any trademarks, service marks or proprietary words or symbols of the other party to properly identify the goods or services of such other party to the extent otherwise permitted by applicable law or by written agreement between the parties.
Intellectual Property; Trademarks. Reference is made to the ---------------------------------- schedules entitled (i) "Risk Factors" and (ii) "Business," attached hereto.
Intellectual Property; Trademarks. All intellectual property rights existing prior to the date of this MOU shall belong to the party that owned such rights immediately prior to the date of this MOU. Neither party shall gain by virtue of this MOU any rights of ownership of copyrights, patents, trade secrets, trademarks or any other intellectual property rights owned by the other. Any intellectual property rights created especially for the Joint Venture project (Software customizations) after the execution of this MOU shall belong to the Joint Venture. Nothing in this MOU shall affect either party's right to use any trademarks, service marks or proprietary words or symbols of the other party to properly identify the goods or services of such other party to the extent otherwise permitted by applicable law or by written agreement between the parties. With regard to any technologies and software licensed by ITonis, ITonis agrees to confer the benefit of these licenses to the JV for 20 years in Asia according to the terms described in paragraph 2. .
Intellectual Property; Trademarks. 12.1 All elements, features, tools and documents that are part of the Games universe and delivered by the Company (including, but not limited to, the Games, the Clients, the Updater, Game Accounts, Kamas, Ogrines, Goultines and any titles, computer code, themes, objects, characters, character names, stories, dialogue, catch phrases, concepts, artwork, animations, sounds, musical compositions, audio-visual effects, methods of operation, moral rights, documentation, in-game chat transcripts, character profile information, recordings or replays of Games and server software), as well as all brands contained therein are protected by French law and international copyright and intellectual property and belong to the Company and/or its partners. Unless prior written authorisation from Ankama, you undertake not to trade elements from Ankama creations and not to promote this kind of activity breaching the rights of Ankama. Ankama will do everything to prevent such acts.
12.2 Any information relating to the Service or Company’s websites is owned by the Company and is protected by French, European and international copyright law. You must therefore adhere to the prohibitions laid down in articles 5.2, 5.3 and 5.
Intellectual Property; Trademarks. All rights and interests of the Selling Companies in any trademarks, trade names, brand names, copyrights, service marks, trademark licenses, logos and slogans, owned by the Selling Companies, or owned by an affiliate of the Selling Companies and used primarily in the business operations of the Selling Companies or the Subsidiaries as of the Closing Date, and any variations of such names, together with any registrations or registration applications for any of the foregoing, including without limitation those listed in Schedules 2.11(a) and (b);
Intellectual Property; Trademarks. (a) Except as set forth on Schedule 3.13, the Company owns or has ------------- the right to use, free and clear of all liens, charges, claims and restrictions, all patents, trademarks, service marks, trade names, copyrights, licenses and other intellectual property rights necessary to the business of the Company as presently conducted. Except as set forth on Schedule 3.13, there are no ------------- outstanding options, licenses, or similar agreements relating to the foregoing, nor is the Company bound by or a party to any options, licenses or agreements of any kind with respect to the patents, trademarks, service marks, trade names, copyrights, trade secrets, licenses, information, proprietary rights and processes of any other person or entity, in each case, other than end-user licenses and marketing, distribution and reselling agreements entered into in the ordinary course of business. To the best of the Company's knowledge, the Company is not infringing upon or otherwise acting adversely to the right or claimed right of any other person under or with respect to the foregoing and has not received any communications alleging that the Company has violated or, by conducting its business as proposed, would violate any of the patents, trademarks, service marks, trade names, copyrights or other proprietary rights of any other person or entity.
(b) The Company is at least a 50 percent owner of the entire right, title and interest in and to the subject U.S. and foreign (excluding Israel) patents and patent applications included in Schedule 3.13 (collectively, the ------------- "Properties"), and, in particular, is a 100 percent owner of the entire right, ----------- title and interest in and to U.S. Application No. 08/893,403 and corresponding PCT Application No. PCT/US971/12045.
(c) To the best knowledge of the Company, the Properties encompass all patents and patent applications relating to communication systems that are wholly or partially owned by Inline Connection Corporation.
(d) The Company has undertaken a reasonable investigation and has determined that there are no claims, actions or proceedings, pending or to the best knowledge of the Company threatened, or other information that challenges the validity and/or the enforceability of any of the claims in the patents or of any of the claims of the patent applications that may issue with respect to the Properties.
(e) The Company will use commercially reasonable efforts to prosecute (to the extent that t...
Intellectual Property; Trademarks. All brands or trademarks remain the ownership of APIWA and must not be misused in any way. Nothing contained within the website should be construed as granting any license or the right to use any trademark without the prior written consent of APIWA. These terms and conditions do not give you any intellectual property rights at APIWA, or in our properties, facilities, services or products.
