Common use of Software Products Clause in Contracts

Software Products. Except as specifically set forth on Schedule 3.17, the Company is the sole and exclusive owner or licensee of: (a) the Listed Intellectual Property, the Intellectual Property Licenses and the technology, know-how and processes now used by the Company, or used in connection with any product now being manufactured and sold by the Company, in the manner that such product is now being manufactured and sold; and (b) all rights, title and interest of whatever kind or nature throughout the world in and to the fully or partially developed computer software products listed on Schedule 3.16(a) and Schedule 3.16(b), with all modifications, enhancements and additions thereto, including, without limitation, all rights in and to all versions thereof and all source code, object code, manuals and other documentation and related materials thereof (collectively, the "SOFTWARE PRODUCTS"). Without limiting the generality of the above, the Software Products shall also include all of the Company's related programs, trade secrets, algorithms and processes relating to the Software Products or such programs, the Company's copyright in and to each of the Software Products and all works derivative therefrom, all current, previous, enhanced and developmental versions of the source and object code and any variations thereof, all user and programmer documentation, all design specifications, all maintenance and installation routines, all system documentation (including all flow charts, systems procedures and program component descriptions), all procedures for modification and preparation for the release of enhanced versions and all test data available (excluding all proprietary information of third parties) with respect to the Software Products. (c) The transactions contemplated hereby will not result in the termination of any publishing or license agreements with respect to products or materials incorporated in the Software Products or otherwise alter the Company's ability to sell the Software Products. (d) The Software Products are free from any significant software defect or programming or documentation error, conform to the specifications thereof, and, with respect to owned Software Products, the applications can be recreated from their associated source code. (e) Except as set forth on Schedule 3.17 hereto, the Seller has no Knowledge of the existence of any bugs or viruses contained in CD-ROMs or in downloadable files on which the Software Products are distributed which cause the Software Products to be uninstallable.

Software Products. Except as specifically set forth on Schedule 3.17, the Company is the sole and exclusive owner or licensee of: (a) the Listed Intellectual Property, the Intellectual Property Licenses and the technology, know-how and processes now used by the Company, or used in connection with any product now being manufactured and sold by the Company, in the manner that such product is now being manufactured and sold; and (b) all rights, title and interest of whatever kind or nature throughout the world in and to the fully or partially developed computer software products listed on Schedule 3.16(a) and Schedule 3.16(b), with all modifications, enhancements and additions thereto, including, without limitation, all rights in and to all versions thereof and all source code, object code, manuals and other documentation and related materials thereof (collectively, the "SOFTWARE PRODUCTS"“Software Products”). Without limiting the generality of the above, the Software Products shall also include all of the Company's related programs, trade secrets, algorithms and processes relating to the Software Products or such programs, the Company's copyright in and to each of the Software Products and all works derivative therefrom, all current, previous, enhanced and developmental versions of the source and object code and any variations thereof, all user and programmer documentation, all design specifications, all maintenance and installation routines, all system documentation (including all flow charts, systems procedures and program component descriptions), all procedures for modification and preparation for the release of enhanced versions and all test data available (excluding all proprietary information of third parties) with respect to the Software Products. (c) The transactions contemplated hereby will not result in the termination of any publishing or license agreements with respect to products or materials incorporated in the Software Products or otherwise alter the Company's ’s ability to sell the Software Products. (d) The Software Products are free from any significant software defect or programming or documentation error, conform to the specifications thereof, and, with respect to owned Software Products, the applications can be recreated from their associated source code. (e) Except as set forth on Schedule 3.17 hereto, the Seller has no Knowledge of the existence of any bugs or viruses contained in CD-ROMs or in downloadable files on which the Software Products are distributed which cause the Software Products to be uninstallable.

Software Products. Except as specifically set forth on Schedule 3.17, the Company is the sole and exclusive owner or licensee of: (a) the Listed Intellectual Property, the Intellectual Property Licenses and the technology, know-how and processes now used by the Company, or used in connection with any product now being manufactured and sold by the Company, in the manner that such product is now being manufactured and sold; and (b) all rights, title and interest of whatever kind or nature throughout the world in and to the fully or partially developed computer software products listed on Schedule 3.16(a) and Schedule 3.16(b), with all modifications, enhancements and additions thereto, including, without limitation, all rights in and to all versions thereof and all source code, object code, manuals and other documentation and related materials thereof (collectively, the "SOFTWARE PRODUCTSSoftware Products"). Without limiting the generality of the above, the Software Products shall also include all of the Company's related programs, trade secrets, algorithms and processes relating to the Software Products or such programs, the Company's copyright in and to each of the Software Products and all works derivative therefrom, all current, previous, enhanced and developmental versions of the source and object code and any variations thereof, all user and programmer documentation, all design specifications, all maintenance and installation routines, all system documentation (including all flow charts, systems procedures and program component descriptions), all procedures for modification and preparation for the release of enhanced versions and all test data available (excluding all proprietary information of third parties) with respect to the Software Products. (c) The transactions contemplated hereby will not result in the termination of any publishing or license agreements with respect to products or materials incorporated in the Software Products or otherwise alter the Company's ability to sell the Software Products. (d) The Software Products are free from any significant software defect or programming or documentation error, conform to the specifications thereof, and, with respect to owned Software Products, the applications can be recreated from their associated source code. (e) Except as set forth on Schedule 3.17 hereto, the Seller has no Knowledge of the existence of any bugs or viruses contained in CD-ROMs or in downloadable files on which the Software Products are distributed which cause the Software Products to be uninstallable.