Licenses; Other Agreements. Neither the Company nor any Subsidiary is subject to any exclusive license (whether such exclusivity is temporary or permanent) to any material portion of the Intellectual Property of the Company or any Subsidiary. There are not outstanding any licenses or agreements of any kind relating to the Intellectual Property of the Company or any Subsidiary. Neither the Company nor any Subsidiary is obligated to pay any royalties or other payments to third parties with respect to the marketing, sale, distribution, manufacture, license or use of any Intellectual Property, except as it may be so obligated in the ordinary course of its business, as disclosed in the SEC Documents or where the aggregate amount of such payments could not reasonably be expected to be material.
Licenses; Other Agreements. Except as set forth on Schedule 3.9(b), the Company has not granted, and, there are not outstanding, any options, licenses or agreements of any kind relating to any Proprietary Asset of the Company, nor is the Company bound by or a party to any option, license or agreement of any kind with respect to any of its Proprietary Assets. The Company is not obligated to pay any royalties or other payments to third parties with respect to the marketing, sale, distribution, manufacture, license or use of any Proprietary Asset or any other property or rights.
Licenses; Other Agreements. The Company is not currently subject to any exclusive licenses (whether such exclusivity is temporary or permanent) to any material portion of the Intellectual Property of the Company. To the best of the Company's knowledge, there are not outstanding any licenses or agreements of any kind relating to any Intellectual Property of the Company, except for agreements with OEM's and other customers of the Company entered into in the ordinary course of the Company's business. The Company is not obligated to pay any royalties or other payments to third parties with respect to the marketing, sale, distribution, manufacture, license or use of any Intellectual Property, except as the Company may be so obligated in the ordinary course of its business or as disclosed in the Company's SEC Documents (as defined below).
Licenses; Other Agreements. The Company has not granted, or agreed to grant, any options, licenses or agreements of any kind relating to any Proprietary Asset of the Company outside of nonexclusive end user licenses entered into in the ordinary course consistent with past practice, nor is the Company bound by or a party to any option, license or agreement of any kind with respect to any of its Proprietary Assets. The Company is not obligated to pay any royalties or other similar payments to third parties with respect to the marketing, sale, distribution, manufacture, license or use of any Proprietary Asset or any other property or rights.
Licenses; Other Agreements. The Company is not currently the licensee of any material portion of the Intellectual Property of the Company. There are not outstanding any licenses or agreements of any kind relating to any Intellectual Property owned by the Company, except for agreements with customers of the Company entered into in the ordinary course of the Company's business and other licenses and agreements that, collectively, are not material. The Company is not obligated to pay any royalties or other payments to third parties with respect to the marketing, sale, distribution, manufacture, license or use of any Intellectual Property, except as the Company may be so obligated in the ordinary course of its business, as disclosed in the Company's SEC Documents (as defined below) or where the aggregate amount of such payments could not reasonably be expected to be material.
Licenses; Other Agreements. Neither the Company nor ITC -------------------------- China has granted, and there are not outstanding, any options, licenses or agreements of any kind relating to any Proprietary Asset of the Company or ITC China, nor is the Company or ITC China bound by or a party to any option, license or agreement of any kind with respect to any of their respective Proprietary Assets. Neither the Company nor ITC China is obligated to pay any royalties or other payments to third parties with respect to the marketing, sale, distribution, manufacture, license or use of any Proprietary Asset or any other property or rights.
Licenses; Other Agreements. The Company is not bound by or a party to any option, license or agreement with respect to any technology owned by any third party other than shrink-wrap licenses entered into in the ordinary course of business except as set forth on the Schedule of Exceptions. The Company is not obligated to pay any royalties or other payments to another person or entity with respect to the marketing, sale, distribution, manufacture, license or use of any Proprietary Asset or any other property or rights, except as set forth in the Schedule of Exceptions.
Licenses; Other Agreements. Neither the Company nor any of its subsidiaries is currently the licensee of any material portion of the Intellectual Property of the Company and its subsidiaries. There are not outstanding any licenses or agreements of any kind relating to any Intellectual Property owned by the Company or any of its subsidiaries, except for agreements with customers entered into in the ordinary course of its business and other licenses and agreements that, collectively, are not material. Neither the Company nor any of its subsidiaries is obligated to pay any royalties or other payments to third parties with respect to the marketing, sale, distribution, manufacture, license or use of any Intellectual Property, except as the Company or any such subsidiary may be so obligated in the ordinary course of its business, as disclosed in the Company's SEC Documents or where the aggregate amount of such payments could not reasonably be expected to be material.
Licenses; Other Agreements. The Company is not subject to any exclusive license (whether such exclusivity is temporary or permanent) to any material portion of the Intellectual Property of the Company or any Subsidiary. There are not outstanding any licenses or agreements of any kind relating to the Intellectual Property of the Company, obligating it to pay any royalties or other payments to third parties with respect to the marketing, sale, distribution, manufacture, license or use of any Intellectual Property, except as it may be so obligated in the ordinary course of its business, as disclosed in the SEC Documents or where the aggregate amount of such payments could not reasonably be expected to be material.
Licenses; Other Agreements. Section 5.9(b)(i) and Section 5.9(b)(ii) of the Seller Disclosure Schedule sets forth (i) any option, license or agreements under which Seller has granted a license to any Person under any Intellectual Property owned by Seller, other than customary end user license agreements entered into in the ordinary course of business; and (ii) any covenant not to compete or Contract limiting Seller’s ability to exploit fully any Intellectual Property owned by Seller or to transact its business related to the Intellectual Property owned by Seller in any market or geographical area or with any Person (“Licenses Out”). Section 5.9(b)(ii) of the Seller Disclosure Schedule identifies any options, licenses or agreements under which Seller is granted rights by any Person in Intellectual Property (except for any Intellectual Property that is licensed to Seller under any third party software license generally available to the public at a cost of less than $10,000) (“Licenses In”). Except as set forth on Section 5.9(b)(iii) of the Seller Disclosure Schedule, Seller has the right to assign to Buyer any and all right, title and interest Seller has under the Licenses In without obtaining the prior consent of the licensors of such Intellectual Property.
