Common use of IP Contracts Clause in Contracts

IP Contracts. Section 3.16(d) of the Company Disclosure Letter sets forth a complete and accurate list of material Contracts in effect as of the date of this Agreement pursuant to which (i) the Company or any of its Subsidiaries has granted a license to a third Person under any Company Intellectual Property, other than any non-disclosure agreements or non-exclusive licenses granted by the Company in the ordinary course of business in connection with the manufacture, provision or sale of any of the Company’s or its Subsidiaries’ products or services; (ii) a third Person has licensed any Intellectual Property to the Company or any of its Subsidiaries; or (iii) the Company’s or any of its Subsidiaries’ use of, rights in or ability to enforce any Intellectual Property is otherwise affected (including co-existence agreements and covenants not to ▇▇▇), excluding, in each case, any (A) non-disclosure agreements; (B) non-exclusive licenses or related services Contracts for commercially available technology or Intellectual Property involving fees and other payments of less than $300,000 per year in aggregate; (C) any licenses to software and materials licensed as open-source, public-source or freeware; and (D) Contracts with employees or independent contractors for the assignment of, or license to, any Intellectual Property (all such Contracts that are, or are required to be, listed under clauses (i) and (ii) of this Section 3.16(d), the “IP Contracts”).

IP Contracts. Section 3.16(d) of the Company Disclosure Letter sets forth a complete and accurate list of material Contracts in effect as of the date of this Agreement pursuant to which (i) the Company or any of its Subsidiaries has granted a license or other right to a third Person under any material Company Intellectual Property, other than any non-(A) non- disclosure agreements or agreements, and (B) non-exclusive licenses granted by the Company in the ordinary course of business, including in the ordinary course of business in connection with the manufactureprovision, provision support, maintenance, sale, or sale resale of any of the Company’s Company product or its Subsidiaries’ products or servicesservice; (ii) a third Person has licensed or granted any other right to any Intellectual Property to the Company or any of its Subsidiaries; or (iii) Subsidiaries that is material to the Company’s operation of the business of the Company or any of its Subsidiaries’ use of, rights in or ability to enforce any Intellectual Property is otherwise affected (including co-existence agreements and covenants not to ▇▇▇)taken as a whole, excluding, in each case, any (A) non-disclosure agreements; (B) non-exclusive licenses or related services Contracts for commercially available technology available, software, technology, materials, equipment, or Intellectual Property involving fees and other payments that is not material to the Company or any of less than $300,000 per year in aggregateits Subsidiaries taken as a whole; (C) any licenses to software and materials licensed as open-source, public-source or freeware; and (D) Contracts with employees or independent contractors for the assignment of, or license to, any Intellectual Property; and (E) non-exclusive licenses authorizing limited use of brand materials or other Intellectual Property that are incidental to the primary purpose of the Contract; or (iii) or any material settlement, Mark co-existence, or covenant not to sue Contract to which the Company or any of its Subsidiaries is a party that materially limits the Company’s rights and ability to exploit the Company Intellectual Property (all such Contracts that are, or are required to be, listed under clauses (i) and ), (ii) or (iii) of this Section 3.16(d), the “IP Contracts”).

IP Contracts. Section 3.16(d3.16(j) of the Company Disclosure Letter sets forth a complete and accurate list of material Contracts in effect as of the date of this Agreement (i) pursuant to which (i) the Company or any of its Subsidiaries has granted a license to a third Person under (A) any Patent or (B) any other material Company Intellectual Property, other than any non-disclosure agreements or agreements, non-exclusive licenses granted by the Company in the ordinary course of business or in connection with the manufacture, provision or sale of any Company Product, and other licenses entered in the ordinary course of business, in each case that do not grant any rights with respect to material source code included in the Company’s -Owned Technology; or its Subsidiaries’ products or services; (ii) pursuant to which a third Person has licensed any Intellectual Property to the Company or any of its Subsidiaries; Subsidiaries that is material to the operation of the business of the Company or (iii) the Company’s or any of its Subsidiaries’ use ofSubsidiaries taken as a whole, rights in or ability to enforce any Intellectual Property is otherwise affected (including co-existence agreements and covenants not to ▇▇▇), excluding, in each case, excluding any (A) non-disclosure agreements; (B) non-exclusive licenses or related services Contracts for commercially available technology or Intellectual Property involving fees and other payments of less than $300,000 per year in aggregateTechnology; (C) any licenses to software and materials licensed as open-source, public-source or freeware; and (D) Contracts with employees or independent contractors for the assignment of, or license to, any Intellectual Property Property, in each case entered into in the ordinary course of business (all such Contracts that are, or are required to be, listed under clauses (i) and (ii) of this Section 3.16(d3.16(j), the “IP Contracts”).