Licenses, Trademarks, Patents and Other Rights. To the best of Target's knowledge, Target owns, is licensed or otherwise entitled to use, or can obtain the right to use on a basis which is commercially reasonable, all patents, trademarks, trade names, service marks, copyrights, and other proprietary rights, and necessary to the business of Target as currently conducted or as contemplated by its current business plan. Section 3.13(a) of the Target Disclosure Schedule lists all Target patents and registered trademarks, trade names and service marks and copyrights, and applications for any of the foregoing, and all licenses, the subject matter of which is incorporated into any Target product, to which Target is a party (the "Target Intellectual Property"), other than licenses to readily available commercial software. Except as set forth in Section 3.13(b) of the Target Disclosure Schedule, no claims (including any request to enter into a license agreement) have been asserted or threatened by any person (i) to the effect that any activity in which Target is engaged infringes on any patents or other proprietary rights, (ii) against the use by Target of any trademarks, trade names, technology, know-how or processes necessary for the operation of the business of Target as currently conducted or presently contemplated, or (iii) challenging or questioning the validity or effectiveness of any of the Target Intellectual Property; and Target is not aware of any valid basis for any such claim. To the best of its knowledge, no party is infringing the Target Intellectual Property.
Licenses, Trademarks, Patents and Other Rights. Target owns no patents, trademarks, trade names, service marks, copyrights, and other proprietary rights, except the source code, knowhow and data related to Sellavir visual analytics platform and its operation. Target is not aware of any valid basis for any such claim. To the best of its knowledge, no party is infringing the Target Intellectual Property.
Licenses, Trademarks, Patents and Other Rights. To the best of Merchant Builders' knowledge, Merchant Builders owns, is licensed or otherwise entitled to use, or can obtain the right to use on a basis which is commercially reasonable, all patents, trademarks, trade names, service marks, copyrights, and other proprietary rights, and necessary to the business of Merchant Builders as currently conducted or as contemplated by its current business plan. Merchant Builders does not have any patents and registered trademarks, trade names and service marks and copyrights, and applications for any of the foregoing, and all licenses, the subject matter of which is incorporated into any Merchant Builders product, to which Merchant Builders is a party (the "Merchant Builders Intellectual Property"), other than licenses to readily available commercial software. No claims (including any request to enter into a license agreement) have been asserted or threatened by any person (A) to the effect that any activity in which Merchant Builders is engaged infringes on any patents or other proprietary rights, (B) against the use by Merchant Builders of any trademarks, trade names, technology, know-how or processes necessary for the operation of the business of Merchant Builders as currently conducted or presently contemplated, or (C) challenging or questioning the validity or effectiveness of any of the Merchant Builders Intellectual Property; and Merchant Builders is not aware of any valid basis for any such claim. To the best of its knowledge, no party is infringing the Merchant Builders Intellectual Property.
Licenses, Trademarks, Patents and Other Rights. To the best of ----------------------------------------------- Avana's knowledge, Avana owns, is licensed or otherwise entitled to use, or can obtain the right to use on a basis which is commercially reasonable, all patents, trademarks, trade names, service marks, copyrights, if any, and other proprietary rights, necessary to the business of Avana as currently conducted or as contemplated by its current business plan. Section 3.14(a) of the Avana Disclosure Schedule lists all Avana patents and registered trademarks, trade names and service marks and copyrights, and applications for any of the foregoing, and all licenses, the subject matter of which is incorporated into any Avana product, to which Avana is a party (the "Avana Intellectual Property"), other than licenses to readily available commercial software. Except as set forth in Section 3.14(b) of the Avana Disclosure Schedule, no claims (including any request to enter into a license agreement) have been asserted or threatened by any person (i) to the effect that any activity in which Avana is engaged infringes on any patents or other proprietary rights, (ii) against the use by Avana of any trademarks, trade names, technology, know-how or processes necessary for the operation of the business of Avana as currently conducted or presently contemplated, or (iii) challenging or questioning the validity or effectiveness of any of the Avana Intellectual Property; and Avana is not aware of any valid basis for any such claim. To the best of its knowledge, no party is infringing the Avana Intellectual Property.
Licenses, Trademarks, Patents and Other Rights. To the best of Target'S knowledge, Target owns, is licensed or otherwise entitled to use, or can obtain the right to use on a basis which is commercially reasonable, all patents, trademarks, trade names, service marks, copyrights, and other proprietary rights, and necessary to the business of Target as currently conducted or as contemplated by its current business plan. Section 4.12(a) of the Target Disclosure Schedule lists all Target patents and registered trademarks, trade names and service marks and copyrights, and applications for any of the foregoing. Except as set forth in Section 4.12(b) of the Target Disclosure Schedule, no claims (including any request to enter into a license agreement) have been asserted or threatened by any person (i) to the effect that any activity in which Target is engaged infringes on any patents or other proprietary rights, (ii) against the use by Target of any trademarks, trade names, technology, know-how or processes necessary for the operation of the business of Target as currently conducted or presently contemplated, or (iii) challenging or questioning the validity or effectiveness of any of the Target Intellectual Property; and Target is not aware of any valid basis for any such claim. To the best of its knowledge, no party is infringing the Target Intellectual Property.
Licenses, Trademarks, Patents and Other Rights. To the best of First Choice's knowledge, First Choice owns, is licensed or otherwise entitled to use, or can obtain the right to use on a basis which is commercially reasonable, all patents, trademarks, trade names, service marks, copyrights, and other proprietary rights, and necessary to the business of First Choice as currently conducted or as contemplated by its current business plan. Section 3.14(a) of the First Choice Disclosure Schedule lists all First Choice patents and registered trademarks, trade names and service marks and copyrights, and applications for any of the foregoing, and all licenses, the subject matter of which is incorporated into any First Choice product, to which First Choice is a party (the "First Choice Intellectual Property"), other than licenses to readily available commercial software. Except as set forth in Section 3.14(b) of the First Choice Disclosure Schedule, no claims (including any request to enter into a license agreement) have been asserted or threatened by any person (i) to the effect that any activity in which First Choice is engaged infringes on any patents or other proprietary rights, (ii) against the use by First Choice of any trademarks, trade names, technology, know-how or processes necessary for the operation of the business of First Choice as currently conducted or presently contemplated, or (iii) challenging or questioning the validity or effectiveness of any of the First Choice Intellectual Property; and First Choice is not aware of any valid basis for any such claim. To the best of its knowledge, no party is infringing the First Choice Intellectual Property. 3.15.
