Common use of Patents, Trademarks Clause in Contracts

Patents, Trademarks. (a) Set forth in the Disclosure Binder, is a true and complete list of all inventions, patents, trademarks, trade names, brand names, copyrights, Software Products (as defined in paragraph (b) of this Section 2.17), trade secrets and formulae (collectively, the "Listed Intellectual Property") of any kind now used or reasonably anticipated to be used in the business of Erevu except the mass-market third-party software described in the first sentence of this Section 2.17. The Disclosure Binder contains a complete list of all licenses or agreements, which in any way affect the rights of Erevu to any of the Listed Intellectual Property (the "Intellectual Property Licenses"); such list indicates the specific Listed Intellectual Property affected by each such Intellectual Property License. Except as set forth in the Disclosure Binder, neither Erevu's operations nor any Listed Intellectual Property or Intellectual Property License infringes or provides any basis to believe that Erevu's operations or any Listed Intellectual Property or Intellectual Property License would infringe upon any validly issued or to the knowledge of Erevu or the Stockholders any pending trademark, trade name, service xxxx, copyright or, any validly issued or pending patent or other right of any other Person, nor is there any infringement by any other Person of any of the Listed Intellectual Property or of the intellectual property to which the Intellectual Property Licenses relate. Except as specifically set forth in the Disclosure Binder, consummation of the transactions contemplated hereby and by the Operative Documents will not alter or impair Erevu's rights to any of the Listed Intellectual Property or under any Intellectual Property License. The manner in which Erevu has manufactured, packaged, shipped, advertised, labeled and sold its products substantially complies with all applicable laws and regulations pertaining thereto, the failure to comply with which would have a material adverse effect upon the business, business prospects, assets, operations or condition (financial or other) of Erevu.

Patents, Trademarks. (a) Set forth in the Disclosure BinderSchedule 2.17, is a true and complete list of all inventions, patents, trademarks, trade names, brand names, copyrights, Software Products (as defined in paragraph (b) of this Section 2.17), trade secrets and formulae (collectively, the "Listed Intellectual Property") of any kind now used or reasonably anticipated to be used in the business of Erevu SpaceLogic except the mass-market third-party software described in the first sentence of this Section 2.17packages used by SpaceLogic. The Disclosure Binder Schedule 2.17 contains a complete list of all licenses or agreements, to which in any way affect the rights of Erevu SpaceLogic with respect to any of the Listed Intellectual Property (the "Intellectual Property Licenses"); such list indicates the specific Listed Intellectual Property affected by each such Intellectual Property License. Except as set forth in the Disclosure BinderSchedule 2.17, neither ErevuSpaceLogic's operations nor any Listed Intellectual Property or Intellectual Property License infringes or provides any basis to believe that ErevuSpaceLogic's operations or any Listed Intellectual Property or Intellectual Property License would infringe upon any validly issued or to the knowledge of Erevu or the Stockholders any pending trademark, trade name, service xxxxmark, copyright or, any validly issued or pending patent or other right rixxx of any other Person, nor is there there, the best of SpaceLogic's knowledge any infringement by any other Person of any of the Listed Intellectual Property or of the intellectual property to which the Intellectual Property Licenses relateProperty. Except as specifically set forth in Schedule 2.17, the Disclosure Binder, consummation of the transactions contemplated hereby and by the Operative Documents will not alter or impair ErevuSpaceLogic's rights to use any of the Listed Intellectual Property or under any Intellectual Property License. The To SpaceLogic's knowledge the manner in which Erevu SpaceLogic has manufactured, packaged, shipped, advertised, labeled and sold its products substantially complies with all applicable laws and regulations pertaining thereto, the failure to comply with which would have a material adverse effect Material Adverse Effect upon the business, business prospects, assets, operations or financial condition (financial or other) of ErevuSpaceLogic.

Patents, Trademarks. (a) Alt5 has a valid license to use each copy of mass-market third-party software used by it. Set forth in the Disclosure Binder, on Schedule 2.15 (a) is a true and complete list of all inventions, patents, trademarks, trade names, brand names, copyrights, Software Products (as defined in paragraph (b) of this Section 2.17)trade secrets, trade secrets and formulae (collectively, the "“Listed Intellectual Property"”) of any kind now used or reasonably anticipated to be used in the business of Erevu Alt5 except the mass-market third-party software described in the first sentence of this Section 2.172.15. The Disclosure Binder Schedule 2.15(b) contains a complete list of all licenses or agreementsagreements that, which in any way way, affect the rights of Erevu Alt5 to any of the Listed Intellectual Property (the "“Intellectual Property Licenses"”); such list indicates the specific Listed Intellectual Property affected by each such Intellectual Property License. Except as set forth in the Disclosure Binderon Schedules 2.15(a) and Schedule 2.15(b), neither Erevu's Alt5’s operations nor any Listed Intellectual Property or Intellectual Property License infringes or provides any basis to believe that Erevu's Alt5’s operations or any Listed Intellectual Property or Intellectual Property License would infringe upon any validly issued or to the knowledge of Erevu or the Stockholders Alt5 any pending trademark, trade name, service xxxxmark, copyright or, any validly issued or pending patent or other right of any other Person, nor is there any infringement by any other Person of any of the Listed Intellectual Property or of the intellectual property to which the Intellectual Property Licenses relate. Except as specifically set forth in the Disclosure Binderon Schedule 2.15(a) or 2.15(b), consummation of the transactions contemplated hereby and by the Operative Documents will not alter or impair Erevu's Alt5’s rights to any of the Listed Intellectual Property or under any Intellectual Property License. The manner in which Erevu Alt5 has manufactured, packaged, shipped, advertised, labeled labeled, and sold its products substantially complies with all applicable laws and regulations pertaining thereto, the failure to comply with which would have a material adverse effect upon the business, business prospects, assets, operations operations, or condition (financial or otherotherwise) of Erevu.Alt5;

Patents, Trademarks. (a) DigitalFacades has a valid license to use each copy of mass-market third-party software used by it. Set forth in the Disclosure Binder, on Schedule 2.17(a) is a true and complete list of all material inventions, patents, trademarks, trade names, brand names, copyrights, and Software Products (as defined in paragraph (b) of this Section 2.17), trade secrets and formulae (collectively, the "Listed Intellectual Property") of any kind now used or reasonably anticipated to be used in the business of Erevu DigitalFacades except the mass-market third-party software described in the first sentence of this Section 2.17. The Disclosure Binder Schedule 2.17(b) contains a complete list of all licenses or agreements, agreements which in any way affect the rights of Erevu relate to any of the Listed Intellectual Property (the "Intellectual Property Licenses"); such list indicates the specific Listed Intellectual Property affected by each such Intellectual Property License. Except as set forth in the Disclosure Binderon Schedules 2.17(a) or Schedule 2.17(b), neither Erevu's DigitalFacades' operations nor any Listed Intellectual Property owned by DigitalFacades or Intellectual Property License infringes to the actual knowledge of DigitalFacades or provides the Stockholders, any basis to believe that Erevu's operations or any Listed Intellectual Property or Intellectual Property License would infringe upon any validly issued or to the knowledge of Erevu or the Stockholders DigitalFacades, any pending trademark, trade name, service xxxx, copyright or, any validly issued or pending patent or other right of any other Person, nor nor, to the actual knowledge of DigitalFacades and the Stockholders, is there any infringement by any other Person of any of the Listed Intellectual Property or of the intellectual property to which the Intellectual Property Licenses relate. Except as specifically set forth in the Disclosure Binderon Schedule 2.17(a) or 2.17(b), consummation of the transactions contemplated hereby and by the Operative Documents Agreements will not alter or impair Erevu's DigitalFacades' rights to any of the Listed Intellectual Property or under any Intellectual Property License. The manner in which Erevu DigitalFacades has manufactured, packaged, shipped, advertised, labeled and sold its products substantially complies with all applicable laws and regulations pertaining thereto, the failure to comply with which would have a material adverse effect upon the business, business prospects, assets, operations or condition (financial or other) of ErevuDigitalFacades.

Patents, Trademarks. (a) I/O 360 has a valid license to use each copy of mass-market third-party software used by it. Set forth in on the Disclosure Binder, Schedule is a true and complete list of all inventions, patents, trademarks, trade names, brand names, copyrights, Software Products (as defined in paragraph (b) of this Section 2.17), trade secrets and formulae (collectively, the "Listed Intellectual Property") of any kind now used or reasonably anticipated to be used in the business of Erevu I/O 360 except the mass-market third-party software described in the first sentence of this Section 2.17. The Disclosure Binder Schedule contains a complete list of all licenses or agreements, agreements which in any way affect the rights of Erevu I/O 360 to any of the Listed Intellectual Property (the "Intellectual Property Licenses"); such list indicates the specific Listed Intellectual Property affected by each such Intellectual Property License. Except as set forth in the Disclosure Binder, neither ErevuNeither I/O 360's operations nor any Listed Intellectual Property or Intellectual Property License infringes or provides any basis to believe that ErevuI/O 360's operations or any Listed Intellectual Property or Intellectual Property License would infringe upon any validly issued or to the knowledge of Erevu I/O 360 or the Stockholders any pending trademark, trade name, service xxxx, copyright or, any validly issued or pending patent or other right of any other Person, nor is there any infringement by any other Person of any of the Listed Intellectual Property or of the intellectual property to which the Intellectual Property Licenses relate. Except as specifically set forth in on the Disclosure BinderSchedule, consummation of the transactions contemplated hereby and by the Operative Documents will not alter or impair ErevuI/O 360's rights to any of the Listed Intellectual Property or under any Intellectual Property License. The manner in which Erevu I/O 360 has manufactured, packaged, shipped, advertised, labeled and sold its products substantially complies with all applicable laws and regulations pertaining thereto, the failure to comply with which would have a material adverse effect upon the business, business prospects, assets, operations or condition (financial or other) of ErevuI/O 360.