Common use of Trademarks, Patents and Copyrights Clause in Contracts

Trademarks, Patents and Copyrights. Except as set forth in Section 3.15(a) of the Disclosure Schedule, the Company and the Subsidiaries own all right, title and interest (free and clear of any liens or encumbrances) to, or possess valid licenses (including the right to use, license, sublicense, sell, manufacture, have made, transfer or distribute) as necessary under, the material Patent Rights, Trademarks, Copyrights, Trade Secrets, Software and other proprietary rights and information used or held for use in connection with the business of the Company and the Subsidiaries as currently conducted, and there are no assertions or claims, or threatened assertions or claims, challenging the validity of, or the Company's or the Subsidiaries' right to use, any of the foregoing which, individually or in the aggregate, would have a Material Adverse Effect. Section 3.15(b) of the Disclosure Schedule lists all the material Intellectual Property owned or used by the Company or any Subsidiary and specifies the number and date of each applicable registration, or application to register, and identifies any licensees, assignees or users, other than the Company, of any of such Intellectual Property. Section 3.15(c) of the Disclosure Schedule lists each agreement pursuant to which any material Patent Rights, Trademarks, Copyrights, Trade Secrets or Software is licensed to the Company or any Subsidiary as licensee for use in the business of the Company and the Subsidiaries as currently conducted. To the knowledge of the Company, the conduct of the business of the Company and the Subsidiaries as currently conducted does not conflict with, infringe upon, or violate, in any way any Patent Rights, license, Trademarks, Trade Secrets, Copyright, Software or any other intellectual property right of any third party except for conflicts that, individually or in the aggregate, would not have a Material Adverse Effect.

Trademarks, Patents and Copyrights. Except as set forth in Section 3.15(a3.14(a) of the Disclosure Schedule, the Company and the Subsidiaries own all right, title and interest (free and clear of any liens or encumbrances) to, or possess adequate licenses or other valid licenses (including the right rights to useuse all patents, licensepatent rights, sublicensetrademarks, selltrademark rights, manufacturetrade names, have madetrade dress, transfer or distribute) as necessary undertrade name rights, the material Patent Rightscopyrights, Trademarksservicemarks, Copyrightstrade secrets, Trade Secretsapplications for trademarks and for servicemarks, Software maskworks, know-how and other proprietary rights and information used or held for use in connection with the business of the Company and the Subsidiaries as conducted since January 31, 1998, as currently conducted or as contemplated to be conducted, and there are no assertions the Company is unaware of any assertion or claims, or threatened assertions or claims, claim challenging the validity of, or the Company's or the Subsidiaries' right to use, of any of the foregoing which, individually or in the aggregate, would have a Material Adverse Effect. Section 3.15(b3.14(b) of the Disclosure Schedule lists all the material Intellectual Property each patent owned or used by the Company or any Subsidiary and specifies the number and date of each applicable registration, or application to register, and identifies any licensees, assignees or users, other than the Company, of any of such Intellectual Propertypatent. Section 3.15(c3.14(c) of the Disclosure Schedule lists each agreement pursuant to which any material Patent Rights, Trademarks, Copyrights, Trade Secrets or Software a patent is licensed to the Company or any Subsidiary as licensee for use in the business of the Company and the Subsidiaries as currently conducted. To Section 3.14(d) of the knowledge of Disclosure Schedule lists each trademark and servicemark owned by the Company, the or for which registration is currently pending. The conduct of the business of the Company and the Subsidiaries as conducted since January 31, 1998, as currently conducted and as contemplated to be conducted did not, does not and will not conflict with, infringe upon, or violate, in any way with any Patent Rightspatent, patent right, license, Trademarkstrademark, Trade Secretstrademark right, Copyrighttrade dress, Software trade name, trade name right, service xxxx, maskwork or any other intellectual property right copyright of any third party except for conflicts that, individually or in the aggregate, would not have a Material Adverse Effect.