Common use of Patents, Copyrights, Trademarks, Etc Clause in Contracts

Patents, Copyrights, Trademarks, Etc. (a) Nanotailor owns all patents or rights to use patents on a basis described in Schedule 3.10, trademarks and copyrights, if any, necessary to conduct the Business, or possesses adequate licenses or other rights, if any, therefore, to the best of Nanotailor’s knowledge and belief, without conflict with the rights of others. Schedule 3.10 attached hereto is a true and correct description of the following (together with the Intellectual Property, the "Proprietary Rights"): (i) All trademarks, trade names, service marks and other trade designations, including common-law rights, registrations and applications therefore, and all patents, copyrights and applications currently owned, in whole or in part, by the Company, and all licenses, royalties, assignments and other similar agreements relating to the foregoing to which Nanotailor is a party (including expiration dates if applicable); and (ii) All agreements relating to technology, know-how or processes that Nanotailor is licensed or authorized to use by others, or which it licenses or authorizes others to use. (b) Except as specified, Nanotailor has the sole and exclusive right to use the Proprietary Rights identified in Schedule 3.10 in the United States. To the best of Nanotailor’s knowledge and belief, Nanotailor has the right to use the Proprietary Rights without infringing or violating the rights of any third parties. No claim has been asserted by any person to the ownership of or right to use any Proprietary Right or challenging or questioning the validity or effectiveness of any such license or agreement, and Nanotailor does not know of any valid basis for any such claim. Each of the Proprietary Rights is valid and subsisting, has not been canceled, abandoned or otherwise terminated and, if applicable, has been duly issued or filed. (c) Nanotailor has no knowledge of any claim that, or inquiry as to whether, any product, activity or operation of Nanotailor infringes upon or involves, or has resulted in the infringement of, any Proprietary Right of any other person, corporation or other entity; and, to the best of Nanotailor’s knowledge and belief, no proceedings have been instituted, are pending or are threatened which challenge the rights of Nanotailor with respect thereto. Nanotailor has not given and is not bound by any agreement of indemnification for any Proprietary Right as to any property manufactured, used or sold by Nanotailor.

Patents, Copyrights, Trademarks, Etc. (a) Nanotailor Dynasig owns all patents or exclusive rights to use patents on a basis described in Schedule 3.10worldwide basis, trademarks and copyrights, if any, necessary to conduct the Business, or possesses adequate licenses or other rights, if any, therefore, to the best of Nanotailor’s Dynasig's knowledge and belief, without conflict with the rights of others. Schedule 3.10 attached hereto is a true and correct description of the following (together with the Intellectual Property, the "Proprietary Rights"): (i) All trademarks, trade names, service marks and other trade designations, including common-law rights, registrations and applications therefore, and all patents, copyrights and applications currently owned, in whole or in part, by the Company, and all licenses, royalties, assignments and other similar agreements relating to the foregoing to which Nanotailor Dynasig is a party (including expiration dates if applicable); and (ii) All agreements relating to technology, know-how or processes that Nanotailor Dynasig is licensed or authorized to use by others, or which it licenses or authorizes others to use. (b) Except as specified, Nanotailor Dynasig has the sole and exclusive right to use the Proprietary Rights identified in Schedule 3.10 in the United States3.10. To the best of Nanotailor’s Dynasig's knowledge and belief, Nanotailor Dynasig has the right to use the Proprietary Rights without infringing or violating the rights of any third parties. No claim has been asserted by any person to the ownership of or right to use any Proprietary Right or challenging or questioning the validity or effectiveness of any such license or agreement, and Nanotailor Dynasig does not know of any valid basis for any such claim. Each of the Proprietary Rights is valid and subsisting, has not been canceled, abandoned or otherwise terminated and, if applicable, has been duly issued or filed. (c) Nanotailor Dynasig has no knowledge of any claim that, or inquiry as to whether, any product, activity or operation of Nanotailor Dynasig infringes upon or involves, or has resulted in the infringement of, any Proprietary Right of any other person, corporation or other entity; and, to the best of Nanotailor’s Dynasig's knowledge and belief, no proceedings have been instituted, are pending or are threatened which challenge the rights of Nanotailor Dynasig with respect thereto. Nanotailor Dynasig has not given and is not bound by any agreement of indemnification for any Proprietary Right as to any property manufactured, used or sold by NanotailorDynasig.