Common use of Patents, Copyrights and Trademarks Clause in Contracts

Patents, Copyrights and Trademarks. The Seller or the Company has ---------------------------------- obtained registration of, holds licenses to, or has filed applications to register the patents, copyrights, trademarks and service marks relating primarily to the Business (collectively, the "Business Intellectual Property") listed in Section 4.12 of the Disclosure Schedule. To the knowledge of the Seller, the Business Intellectual Property does not infringe upon any patents, registered copyrights, trademarks, service marks or applications that are owned or claimed by any third party, except in cases in which such infringement would not reasonably be expected to result in a Material Adverse Effect. To the knowledge of the Seller, all patents, registered copyrights, trademarks or service marks that are not listed in Section 4.12 of the Disclosure Schedule and that are used in the Business as formerly and presently conducted are not material or are embodied in or related to third-party products and technology that the Seller or the Company has lawfully purchased or licensed. To the knowledge of the Seller, the Seller or the Company (i) lawfully owns or possesses the right to use all proprietary information used in the conduct of the Business, and (ii) is not required to pay any royalty, license fee or similar type of compensation in connection with the conduct of the Business as a whole.

Patents, Copyrights and Trademarks. The Seller or the Company has ---------------------------------- obtained registration of, holds licenses to, or has filed applications to register the patents, copyrights, trademarks and service marks relating primarily to the Business (collectively, the "Business Intellectual Property") listed in Section 4.12 of the Disclosure Schedule. To the knowledge of the Seller, the Business Intellectual Property does not infringe upon any patents, registered copyrights, trademarks, service marks or applications that are owned or claimed by any third party, except in cases in which such infringement would not reasonably be expected to result in a Material Adverse Effect. To the knowledge of the Seller, all patents, registered copyrights, trademarks or service marks that are not listed in Section 4.12 of the Disclosure Schedule and that are used in the 31 Business as formerly and presently conducted are not material or are embodied in or related to third-party products and technology that the Seller or the Company has lawfully purchased or licensed. To the knowledge of the Seller, the Seller or the Company (i) lawfully owns or possesses the right to use all proprietary information used in the conduct of the Business, and (ii) is not required to pay any royalty, license fee or similar type of compensation in connection with the conduct of the Business as a whole.

Patents, Copyrights and Trademarks. The Seller or the Company has ---------------------------------- obtained registration of, holds licenses to, or has filed applications to register the patents, copyrights, trademarks and service marks relating primarily to the Business (collectively, the "Business Intellectual Property") listed in Section 4.12 of the Disclosure Schedule. To the knowledge of the Seller, the Business Intellectual Property does not infringe upon any patents, registered copyrights, trademarks, service marks or applications that are owned or claimed by any third party, except in cases in which such infringement would not reasonably be expected to result in a Material Adverse Effect. To the knowledge of the Seller, all patents, registered copyrights, trademarks or service marks that are not listed in Section 4.12 of the Disclosure Schedule and that are used in the Business as formerly and presently conducted are not material or are embodied in or related to third-party products and technology that the Seller or the Company has lawfully purchased or licensed. To the knowledge of the Seller, the Seller or the Company (i) lawfully owns or possesses the right to use all proprietary information used in the conduct of the Business, and (ii) is not required to pay any royalty, license fee or similar type of compensation in connection with the conduct of the Business as a whole.