Company Software. “Company Software” shall mean any software (including software development tools and software embedded in hardware devices, and all updates, upgrades, releases, enhancements and bug fixes) owned, developed (or currently being developed), used, marketed, distributed, licensed or sold by an Acquired Corporation at any time (other than non-customized third-party software that is not incorporated into any Company Product and is licensed to an Acquired Corporation solely in object code form and solely for internal use on a non-exclusive basis).
Appears in 2 contracts
Sources: Merger Agreement (Quest Software Inc), Share Purchase Agreement (Rackable Systems, Inc.)
Company Software. “Company Software” shall mean any software (owned by the Company or any of its Subsidiaries, including software development tools and firmware and other software owned by the Company or any of its Subsidiaries that is embedded in hardware devices, and all updates, upgrades, releases, enhancements and bug fixes) owned, developed (fixes thereto owned by the Company or currently being developed), used, marketed, distributed, licensed or sold by an Acquired Corporation at any time (other than non-customized third-party software that is not incorporated into any Company Product and is licensed to an Acquired Corporation solely in object code form and solely for internal use on a non-exclusive basis)of its Subsidiaries.
Appears in 2 contracts
Sources: Merger Agreement (Simtek Corp), Merger Agreement (Cypress Semiconductor Corp /De/)
Company Software. “Company Software” shall mean any means software (including software development tools firmware and other software embedded in hardware devices, and all updates, upgrades, releases, enhancements and bug fixes) owned, developed (or currently being developed), used, marketed, distributed, licensed licensed, or sold by an any of the Acquired Corporation at Corporations and any time (other than non-customized third-party software that is not incorporated into part of or is distributed with, any Company Product and is licensed to an Acquired Corporation solely in object code form and solely for internal use on a non-exclusive basis)Product.
Appears in 2 contracts
Sources: Merger Agreement (Ipass Inc), Merger Agreement (GoRemote Internet Communications, Inc.)
Company Software. “Company Software” shall mean any all software (including software development tools firmware and other software embedded in hardware devices, and all updates, upgrades, releases, enhancements and bug fixes) owned, developed (or currently being developed), used, marketed, distributed, licensed or sold by an Acquired Corporation at any time (other than non-customized third-party software that is not incorporated into any Company Product and is licensed to an Acquired Corporation solely in object code form and solely for internal use on a non-exclusive basis)the Company.
Appears in 2 contracts
Sources: Merger Agreement, Merger Agreement (Yelp Inc)
Company Software. “Company Software” " shall mean any software (including software development tools firmware and other software embedded in hardware devices, and all updates, upgrades, releases, enhancements and bug fixes) owned, developed (or currently being developed), used, marketed, distributed, licensed or sold by an Acquired Corporation the Company at any time (other than non-customized third-party software that is not incorporated into any Company Product and is licensed to an Acquired Corporation solely in object code form and solely the Company for internal use on a non-exclusive basis).
Appears in 2 contracts
Sources: Merger Agreement (Graphon Corp/De), Merger Agreement (Digitalthink Inc)
Company Software. “Company Software” shall mean any the software (including software development tools firmware and other software embedded in hardware devices, and all updates, upgrades, releases, enhancements and bug fixes) owned, developed (or currently being developed), used, marketed, distributed, licensed licensed, or sold by an Acquired Corporation at the Company (including any time (other than non-customized software that is part of, is distributed with, or is used in the design, development, manufacturing, production, distribution, testing, maintenance, or support of any Company Product, but excluding any third-party software that is not incorporated into any Company Product generally available on standard commercial terms and is licensed to an Acquired Corporation solely in object code form and the Company solely for internal use on a non-exclusive basis).
Appears in 1 contract
Company Software. “Company Software” shall mean any software (including software development tools firmware and other software embedded in hardware devices, and all updates, upgrades, releases, enhancements and bug fixes) owned, developed (or currently being developed), used, marketed, distributed, licensed or sold by an Acquired Corporation the Company at any time (other than non-customized third-party software that is not incorporated into any Company Product and is licensed to an Acquired Corporation solely in object code form and the Company solely for internal use on a non-exclusive basis).
Appears in 1 contract
Sources: Merger Agreement (Ipass Inc)
Company Software. “Company Software” shall mean any software (including software development tools firmware and other software embedded in hardware devices, and all updates, upgrades, releases, enhancements and bug fixes) owned, created, developed (or currently being developed), used, marketed, provided, distributed, licensed licensed, or sold by an any of the Acquired Corporation Companies at any time (other than non-customized third-party software that is not incorporated into any Company Product and is licensed to an Acquired Corporation solely in object code form and solely for internal use on a non-exclusive basis)time.
Appears in 1 contract
Company Software. “Company Software” shall mean any software (including software development tools firmware and other software embedded in hardware devices, and all updates, upgrades, releases, enhancements and bug fixes) owned, owned by the Company that is developed (or currently being developed), used, marketed, distributed, made available, licensed or sold by an Acquired Corporation at the Company (excluding any time (other than nonShrink-customized third-party software that is not incorporated into any Company Product and is licensed to an Acquired Corporation solely in object code form and solely for internal use on a non-exclusive basisWrap Code).
Appears in 1 contract
Sources: Merger Agreement (inContact, Inc.)
Company Software. “Company Software” shall mean any software (including software development tools firmware and other software embedded in hardware devices, and all updates, upgrades, releases, enhancements and bug fixes) owned, developed (or currently being developed), used, marketed, distributed, licensed or sold by an Acquired Corporation the Company at any time (other than non-customized third-party software that is not incorporated into any Company Product and is licensed to an Acquired Corporation solely in object code form and solely the Company for internal use on a non-exclusive basis).
Appears in 1 contract
Sources: Merger Agreement (Sbe Inc)
Company Software. “Company Software” shall mean any all software (including software development tools firmware and other software embedded in hardware devices, and all updates, upgrades, releases, enhancements and bug fixes) owned, developed (or currently being developed), used, marketed, distributed, licensed or sold by an Acquired Corporation at the Company (including any time (other than non-customized software that is part of, is distributed with, or is used in the design, development, testing, maintenance or support of any Company Product, but excluding any third-party software that is not incorporated into any Company Product generally available on standard commercial terms and is licensed to an Acquired Corporation solely in object code form and the Company solely for internal use on a non-exclusive basis).
Appears in 1 contract
Sources: Merger Agreement (Micronetics Inc)
Company Software. “Company Software” shall mean any software (including software development tools and software embedded in hardware devices, and all updates, upgrades, releases, enhancements and bug fixes) owned, that has been developed (or is currently being developed), used, marketed, distributed, licensed ) by or sold by on behalf of an Acquired Corporation at any time (other than non-customized third-party software that is not incorporated into any Company Product and is licensed to an Acquired Corporation solely in object code form and solely for internal use on a non-exclusive basis)time.
Appears in 1 contract