Common use of Owned Software Clause in Contracts

Owned Software. To the extent any of the Software has been designed or developed by the Company's management information or development staff or by consultants on the Company's behalf, such Software, is to the knowledge of the Company and the Sellers original and capable of copyright protection in the United States, and the Company has complete rights to and ownership of such Software, including possession of, or ready access to, the source code for such software in its most recent version. No part of any such Software is to the knowledge of the Company and the Sellers an imitation or copy of, or infringes upon, the software of any other Person or violates or infringes upon any common law or statutory rights of any other Person, including, without limitation, rights relating to defamation, contractual rights, copyrights, trade secrets, and rights of privacy or publicity. The Company has not sold, assigned, licensed, distributed or in any other way disposed of or encumbered the Software.

Appears in 4 contracts

Samples: Stock Purchase Agreement (Travel Services International Inc), Stock Purchase Agreement (Persico Anthony J), Stock Purchase Agreement (Persico Anthony J)

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Owned Software. To the extent that any of the Software has been designed or developed by the Seller or the Company's ’s management information or development staff or by consultants on the Seller’s or the Company's ’s behalf, such Software, Software is to the knowledge of the Company and the Sellers original and capable of copyright protection in the United States, and the Company has complete rights to and ownership of such Software, including possession of, or ready access to, the source code for such software Software in its most recent version. No part of any such Software is to the knowledge of the Company and the Sellers an imitation or copy of, or infringes upon, the software of any other Person person or entity, or violates or infringes upon any common law or statutory rights of any other Personperson or entity, including, without limitation, rights relating to defamation, contractual rights, copyrights, trade secrets, and rights of privacy or publicity. The Neither the Seller nor the Company has not sold, assigned, licensed, distributed or in any other way disposed of or encumbered any of the Software.

Appears in 1 contract

Samples: Stock Purchase Agreement (Debt Resolve Inc)

Owned Software. To The current software applications used by the Companies in the operation of its business, as set forth and described on SCHEDULE 2.19(D) hereto (the "SOFTWARE"), to the extent any of the Software it has been designed or developed by the Company's Companies' management information or development staff or by consultants on the Company's Companies' behalf, such Software, is to the knowledge of the Company and the Sellers original and capable of copyright protection in the United States, and the Company has Companies have complete rights to and ownership of such Software, including possession of, or ready access to, the source code for such software in its most recent version. No part of any such Software is to the knowledge of the Company and the Sellers an imitation or copy of, or infringes upon, the software of any other Person or violates or infringes upon any common law or statutory rights of any other Person, including, without limitation, rights relating to defamation, contractual rights, copyrights, trade secrets, and rights of privacy or publicity. The Company has Companies have not sold, assigned, licensed, distributed or in any other way disposed of or encumbered the Software.

Appears in 1 contract

Samples: Stock Purchase Agreement (Ameripath Inc)

Owned Software. To the extent that any of the Software has been designed or developed by the Sellers or the Company's management information or development staff or by consultants on the Sellers' or the Company's behalf, such Software, Software is to the knowledge of the Company and the Sellers original and capable of copyright protection in the United States, and the Company has complete rights to and ownership of such Software, including possession of, or ready access to, the source code for such software Software in its most recent version. No To the Sellers' knowledge, no part of any such Software is to the knowledge of the Company and the Sellers an imitation or copy of, or infringes upon, the software of any other Person person or entity, or violates or infringes upon any common law or statutory rights of any other Personperson or entity, including, without limitation, rights relating to defamation, contractual rights, copyrights, trade secrets, and rights of privacy or publicity. The Except as set forth in SCHEDULE 3.19, neither the Sellers nor the Company has not sold, assigned, licensed, distributed or in any other way disposed of or encumbered any of the Software.

Appears in 1 contract

Samples: Stock Purchase Agreement (Polyvision Corp)

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Owned Software. To the extent any of the Software has been designed or developed by the Company's management information or development staff or by consultants on the Company's behalf, such Software, is to the knowledge of the Company and the Sellers original and capable of copyright protection in the United States, and the Company has complete rights to and ownership of such Software, including possession of, or ready access to, the source code for of such software in its most recent version. No part of any such Software is to the knowledge of the Company and the Sellers an imitation or copy of, or infringes upon, the software of any other Person or violates or infringes upon any common law or statutory rights of any other Person, including, without limitation, rights relating to defamation, contractual rights, copyrights, trade secrets, and rights of privacy or publicity. The Company has not sold, assigned, licensed, distributed or in any other way disposed of or encumbered the Software.

Appears in 1 contract

Samples: Stock Purchase Agreement (Travel Services International Inc)

Owned Software. To the extent any of the Software has been designed or developed by the Company's management information or development staff or by consultants on the Company's behalf, such Software, is to the knowledge of the Company Seller's and the Sellers Company's knowledge, such Software is original and capable of copyright protection in the United States, and the Company has complete rights to and ownership of such Software, including possession of, or ready access to, the source code for such software in its most recent version. No To the Company's and the Seller's knowledge, no part of any such Software is to the knowledge of the Company and the Sellers an imitation or copy of, or infringes upon, the software of any other Person or violates or infringes upon any common law or statutory rights of any other Person, including, without limitation, rights relating to defamation, contractual rights, copyrights, trade secrets, and rights of privacy or publicity. The Company has not sold, assigned, licensed, distributed or in any other way disposed of or encumbered the Software.

Appears in 1 contract

Samples: Stock Purchase Agreement (Travel Services International Inc)

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