Exhibit 4.4
TRADEMARK ASSIGNMENT
WHEREAS, ASA International Ltd., a Delaware corporation ("Assignor")
and CommercialWare, Inc., a Delaware corporation("Assignee"), have entered into
that certain Asset Purchase Agreement (the "Asset Purchase Agreement") as of
March 3, 1999;
WHEREAS, pursuant to the Asset Purchase Agreement, Assignor agreed to
assign all of its right, title and interest in a certain Trademark (as defined
below) to Assignee.
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, Assignor has sold, assigned,
transferred and set over, and by these presents does hereby sell, assign,
transfer and set over, unto Assignee, its successors, legal representatives and
assigns, Assignor's entire right, title and interest, including the right to sue
for and collect past damages, in, to and under the trademarks, now existing or
hereafter acquired, including all registrations, applications, and renewals
thereof, together with that part of the good will of the business symbolized
thereby (any and all being the "Trademark") for the following Trademark:
MARK COUNTRY REG # REG DATE STATUS
Mozart United States 2,153,597 4/28/98 issued
IN TESTIMONY WHEREOF, Xxxxxxxx has set his hand and seal to this
Assignment as of March 3, 1999.
WITNESS: ASA INTERNATIONAL LTD.
/s/ XxxxXxx Xxxxxx By: /s/ Xxxxxxxx X. XxXxxxxx
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COMMONWEALTH OF MASSACHUSETTS
Middlesex County, ss. March 3, 1999
Then personally appeared the above-named [NAME] Xxxxxxxx X. XxXxxxxx,
[TITLE] Vice President + Treasurer as aforesaid, to me known and known to me to
be the individual who executed the foregoing instrument and acknowledged that he
executed the same as his free act and deed before me,
/s/ Xxxxx X. Xxxxx
--------------------------
, Notary Public
My commission expires: 9/07/01
