Common use of Status of Intellectual Property Clause in Contracts

Status of Intellectual Property. (a) To the Company's knowledge, the Company owns or has sufficient licenses to use all of the material patents, patent applications, registered trademarks, trademark applications, copyright registrations and applications therefor which are necessary for the conduct of the business. Except as set forth on the Schedule of Exceptions: (i) The patents owned by the Company and patent applications (collectively, "Patent Rights") are owned by the Company free and clear of all mortgages, liens, charges or encumbrances whatsoever. No licenses have been granted with respect to the Patent Rights and the Company has not received written notice from any third party claiming that its practice of the inventions covered by the Patent Rights or the patents or patents application licensed to the Company would infringe the patent rights of such third party. (ii) The copyright registrations and pending applications owned by the Company are owned by the Company free and clear of all mortgages, liens, charges or encumbrances whatsoever. Except for licenses granted to end users in accordance with the Company's standard terms, no licenses have been granted with respect to any of the Company's copyrighted material and the Company has not received written notice from any third party claiming that any of its activities in the conduct of its business as presently conducted infringe the copyrights of such third party. (iii) The trademark registrations and pending applications owned by the Company are owned by the Company free and clear of all mortgages, liens, charges or encumbrances whatsoever. No licenses have been granted with respect to any of such trademarks or applications and the Company has not received notice from any third party claiming that any of its activities in the conduct of its business as presently conducted infringe the trademarks, trade names or trade dress of such third party. (b) Except as set forth on the Schedule of Exceptions, all technical information and know-how in possession of the Company relating to the design or manufacture of products sold, and services performed, by it, including without limitation methods of manufacture, lab journals, manufacturing, engineering and other drawings, design and engineering specifications and similar items recording or evidencing such information is owned by the Company free and clear of all mortgages, liens, charges or encumbrances whatsoever.

Status of Intellectual Property. (a) To the Company's knowledge, the Company owns or has sufficient licenses to use Attached hereto as Exhibit D is a true and correct schedule which describes all of the material patents, patent applications, registered trademarks, trademark applications, copyright registrations and applications therefor which are necessary for the conduct and all licenses, franchises, permits, authorizations, agreements and arrangements that concern any of the businessforegoing or that concern like items owned by others and used by the Company. Except as set forth indicated on the Schedule of Exceptionssuch Exhibit: (ia) The patents owned by the Company and patent applications (collectively, "Patent Rights") shown on Exhibit D are owned by the Company free and clear of all mortgages, liens, charges or encumbrances whatsoever. No licenses have been granted with respect to the such Patent Rights (except for product licenses to customers) and the Company has not received written notice from of any claim, nor is the Company aware of any basis for such a claim, by a third party claiming suggesting that its practice of the inventions covered by the Patent such Patents Rights or the patents or patents application licensed to the Company would infringe upon the patent rights of such any third party. (iib) The copyright registrations and pending applications owned by the Company shown on Exhibit D are owned by the Company free and clear of all mortgages, liens, charges or encumbrances whatsoever. Except for licenses granted to end users in accordance with the Company's standard terms, no licenses have been granted with respect to any of the Company's copyrighted material and the Company has not received written notice from of any claim, nor is the Company aware of any basis for such a claim, by a third party claiming suggesting that any of its activities in the conduct of its business as presently conducted infringe upon the copyrights of such any third party. (iiic) The trademark registrations and pending applications owned by the Company shown on Exhibit D are owned by the Company free and clear of all mortgages, liens, charges or encumbrances whatsoever. No licenses have been granted with respect to any of such trademarks or applications and the Company has not received notice from of any claim, nor is the Company aware of any basis for such a claim, by a third party claiming suggesting that any of its activities in the conduct of its business as presently conducted infringe upon the trademarks, trade names or trade dress of such any third party. (bd) Except as set forth on the Schedule of Exceptions, all All technical information and know-how in possession of the Company relating to the design or manufacture of products sold, sold and services performed, performed by it, including without limitation methods of manufacture, lab journals, manufacturing, engineering and other drawings, design and engineering specifications and similar items recording or evidencing such information is owned by the Company free and clear of all mortgages, liens, charges or encumbrances whatsoever. The Company has no obligation to pay any royalty to any third party with respect to such information. The Company has not granted any license or other permission with respect to the use of such information and has not received notice of any claim, nor is the Company aware of any basis for such a claim, by a third party suggesting that the Company's use of such information would infringe upon or misappropriate the rights of any third party.

Status of Intellectual Property. (a) To the Company's knowledge, the Company owns or has sufficient licenses to use Attached hereto as Exhibit A is a true and correct schedule which describes all of the material patents, patent applications, registered trademarks, trademark applications, copyright registrations and applications therefor which are necessary for the conduct and all licenses, franchises, permits, authorizations, agreements and arrangements that concern any of the businessforegoing or that concern like items owned by others and used by the Company. Except as set forth indicated on the Schedule of Exceptions:such Exhibit. (i) 4.7.1. The patents owned by the Company and patent applications (collectively, "Patent Rights") patent rights" shown on such Exhibit are owned by the Company free and clear of all mortgages, liens, charges or encumbrances whatsoever. No licenses have been granted with respect to the Patent Rights such patent rights and the Company has not received written notice from of any claims by a third party claiming suggesting that its practice of the inventions covered by the Patent Rights or the such patents or patents application licensed to the Company rights would infringe the patent rights of such any third party. (ii) 4.7.2. The copyright registrations and pending applications owned by the Company shown on such Exhibit are owned by the Company free and clear of all mortgages, liens, charges or encumbrances whatsoever. Except for licenses granted to end users in accordance with the Company's standard terms, no licenses have been granted with respect to any of the Company's copyrighted material and the Company has not received written notice from of any claims by a third party claiming suggesting that any of its activities in the conduct of its business as presently conducted infringe the copyrights of such any third party. (iii) 4.7.3. The trademark registrations and pending applications owned by the Company shown on such Exhibit are owned by the Company free and clear of all mortgages, liens, charges or encumbrances whatsoever. No licenses have been granted with respect to any of such trademarks or applications and the Company has not received notice from of any claims by a third party claiming suggesting that any of its activities in the conduct of its business as presently conducted infringe the trademarks, trade names or trade dress of such any third party. (b) Except as set forth on the Schedule of Exceptions, all 4.7.4. All technical information and know-how in possession of the Company relating to the design or manufacture of products sold, and services performed, by it, including without limitation methods of manufacture, lab journals, manufacturing, engineering and other drawings, design and engineering specifications and similar items recording or evidencing such information is owned by the Company free and clear of all mortgages, liens, charges or encumbrances whatsoever. The Company has no obligation to pay any royalty to any third party with respect to such information. The Company has not granted any license or other permission with respect to the use of such information and has not received notice of any claims by a third party suggesting that the Company's use of such information would infringe or misappropriate the rights of any third party.

Status of Intellectual Property. (a) To the Company's knowledge, the Company owns or has sufficient licenses to use Attached hereto as SCHEDULE 4.09 is a true and correct schedule which describes all of the material patents (including, but not limited to, all reissues, divisions, continuations and extensions thereof), applications for patents, patent applicationsdisclosures docketed, registered inventions, improvements, trade secrets, trademarks, trademark applications, trade natures, copyright registrations and or applications therefor which are necessary for and proprietary computer software or similar property owned by either Seller or Parent within the conduct last three (3) years and all licenses, franchises, permits, authorizations, agreements and arrangements that concern any of the businessforegoing or that concern like items owned by others and used by either Seller or Parent within the last three (3) years. Except as set forth indicated on the Schedule of ExceptionsSCHEDULE 4.09: (i) The patents owned by the Company and patent applications (collectively, "Patent Rights") shown on SCHEDULE 4.09 are owned by the Company Seller free and clear of all mortgages, liens, charges or encumbrances of every kind, type or nature whatsoever. No licenses have been granted with respect to the Patent Rights such patents and the Company neither Seller nor Parent has not received written notice from of any claim by a third party claiming suggesting that its practice of the inventions covered by the Patent Rights such patents, or the patents any other inventions practiced by Seller or patents application licensed to the Company Parent would infringe the patent rights of such any third party, nor are there grounds for any such claim. (ii) The copyright registrations and pending applications owned by the Company shown on SCHEDULE 4.09 are owned by the Company Seller free and clear of all mortgages, liens, charges or encumbrances of every kind, type or nature whatsoever. Except for licenses granted to end users in accordance with the CompanySeller's standard terms, no licenses have been granted with respect to any of the CompanySeller's copyrighted material and the Company neither Seller nor Parent has not received written notice from of any claim by a third party claiming suggesting that any of its activities in the conduct of its business as presently conducted infringe the copyrights of such any third party, nor are there grounds for any such claim. (iii) The trademark registrations and pending applications owned by the Company shown on SCHEDULE 4.09 are owned by the Company Seller free and clear of all mortgages, liens, charges or encumbrances of every kind, type or nature whatsoever. No licenses have been granted with respect to any of such Seller's trademarks or applications and the Company neither Seller nor Parent has not received notice from of any claim by a third party claiming suggesting that any of its activities in the conduct of its business as presently conducted infringe the trademarks, trade names or trade dress of such any third party, nor are there grounds for any such claim. (biv) Except as set forth on the Schedule of ExceptionsAll proprietary information, all technical information and know-how in possession of the Company either Seller or Parent relating to the design or manufacture of products sold, and services performed, by it, including including, without limitation limitation, methods of manufacture, lab journals, manufacturing, engineering and other drawings, design and engineering specifications and similar items recording or evidencing such information information, is owned by the Company Seller free and clear of all mortgages, liens, charges or encumbrances of every kind, type or nature whatsoever. Seller has not granted any license or other permission with respect to the use of such information and neither Seller nor Parent has received notice of any claim by a third party suggesting that its use of such information would infringe or misappropriate the rights of any third party, nor are there grounds for any such claim.