Infringement by the Company. The use of any of the Technology in the Company's business does not and will not, to the knowledge of the Shareholders, conflict with, infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright or trade secret right) held by any other person or entity, and there have been no claims made with respect thereto; the use of any of the Marks and other IP Rights in the Company's business will not conflict with, infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright, trademark or trade secret right) held by any other person or entity, and there have been no claims made with respect thereto; and the Company has not received any notice or claim (whether written, oral or otherwise) regarding any infringement, misappropriation, misuse, abuse or other interference with any third party intellectual property or proprietary rights (including, without limitation, infringement of any patent, copyright, trademark or trade secret right of any third party) by the Company, the Technology or the Marks or other IP Rights or claiming that any other entity has any claim of infringement with respect thereto.
Infringement by the Company. Except as set forth on Schedule 2.14.8 to the Disclosure Memorandum, (a) the use of any of the Technology in the Company's business does not and will not infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright or trade secret right) held by any other person or entity, and there have been no claims made with respect thereto; (b) the use of any of the Marks and other IP Rights in the Company's business will not infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright, trademark or trade secret right) held by any other person or entity, and there have been no claims made with respect thereto; and (c) the Company has not received any notice or claim (whether written, oral or otherwise) regarding any infringement, misappropriation, misuse, abuse or other interference with any third party intellectual property or proprietary rights (including, without limitation, infringement of any patent, copyright, trademark or trade secret right of any third party) by the Company, the Technology or the Marks or other IP Rights or claiming that any other entity has any claim of infringement with respect thereto.
Infringement by the Company. The use of any of Company --------------------------- Technology, Company IP Rights and Company IP Registrations in the business of the Company and each of its subsidiaries does not infringe or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright or trade secret right) held by any other person or entity, and there have been no claims made with respect thereto.
Infringement by the Company. Except as set forth in Schedule 2.14(f) of the Schedule of Exceptions, (i) to the Knowledge of the Company, the use of any of the Technology in the Company’s business does not and will not conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright or trade secret right) held by any other Person or entity, and there have been no claims made with respect thereto, (ii) to the best of the Company’s Knowledge, the use of any of the Marks in the Company’s business will not conflict with, infringe upon, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any trademark) held by any other Person or entity, and there have been no claims made with respect thereto; and (iii) the Company has not received any notice or claim (whether written, oral or otherwise) regarding any infringement of third party intellectual property rights (including, without limitation, infringement of any patent, copyright, trademark or trade secret right of any third party) by the Company, the Technology or the Marks or suggesting that any other entity has any claim of infringement with respect thereto.
Infringement by the Company. To the Knowledge of the Company, none of the Company, any Company Subsidiary, or any Company Product infringes, misappropriates, uses or discloses without authorization, or otherwise violates any Intellectual Property Rights of any Person. Since January 1, 2005, neither the Company nor any Company Subsidiary has received any notice of any Action relating to any of the foregoing and, to the Knowledge of the Company, there are no facts, circumstances or information that would be expected to be the basis for such Action. Since January 1, 2005, neither the Company nor any Company Subsidiary has received any communication inviting the Company or any of the Company Subsidiaries to take a license, covenant not to xxx or the like with respect to a third party’s Intellectual Property Rights, other than in connection with licenses or covenants not to xxx granted to the Company or the Company Subsidiaries in the Ordinary Course of Business and not related to any infringement or other violation by the Company or any Company Subsidiary.
Infringement by the Company. 1.3 The Company and the Subsidiaries have not received any written notice in the 24 months prior to the date of this Agreement alleging that the principal services dealt in and/or the goods supplied by the Subsidiaries infringe the Intellectual Property of any third party.
Infringement by the Company. The use of any of the Technology in the Company's business, as presently conducted or as currently proposed to be conducted, does not infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright or trade secret right) held by any other Person, and there have been no claims made with respect thereto. The use of any of the Marks and other IP Rights in the Company's business, as presently conducted or as currently proposed to be conducted, does not infringe, violate or interfere with or constitute an appropriation of any right, title or interest (including, without limitation, any patent, copyright, trademark or trade secret right) held by any other Person, and there have been no claims made with respect thereto. The Company has not received any notice or claim (whether written, oral or otherwise) regarding any infringement, misappropriation, misuse, abuse or other interference with any third-party intellectual property or proprietary rights (including, without limitation, infringement of any patent, copyright, trademark or trade secret right of any third party) by the Company, the Technology, the Marks or other IP Rights, or claiming that any other entity has any claim of infringement with respect thereto.
Infringement by the Company. No part of the business as currently or previously carried on by the Company infringed, infringes or has been alleged to infringe any Intellectual Property of any other person.
Infringement by the Company. The operation of the business of the Company and its Subsidiaries as previously conducted and as currently conducted by the Company and its Subsidiaries, including the design, development, use, import, branding, advertising, promotion, marketing, manufacture, provision, delivery, sale and licensing out of any Company Product, has not infringed or misappropriated, does not infringe or misappropriate, and will not infringe or misappropriate when conducted by Acquiror or the Surviving Corporation following the Closing, any Intellectual Property Rights of any Person, violate any right of any Person (including rights to publicity), violate the Lxxxxx Act, or constitute unfair competition or trade practices pursuant to the Laws of any jurisdiction (in each case, excluding any violation of the Lxxxxx Act caused by the use, processing, or disclosure of Private Information, any claims of unfair competition or trade practices pursuant to any Privacy Laws, or any claims of unfair competition or trade practices caused by the use, processing, or disclosure of Private Information). Neither the Company nor any of its Subsidiaries has received notice from any Person claiming that any of the foregoing has occurred. Neither the Company nor any of its Subsidiaries has received any invitation from any Person to obtain a license to any Intellectual Property Rights (excluding any invitation to commercially license a product or service of a Person that does not include an invitation to separately license any patents or other Intellectual Property Rights for a separate fee). Other than in its commercial agreements entered into in the ordinary course of business, neither the Company nor any of its Subsidiaries has agreed to, or assumed, any obligation or duty to warrant, indemnify or hold any Person harmless, or otherwise assume or incur any obligation or liability or provide a right of rescission with respect to the infringement or misappropriation of the Intellectual Property Rights of any Person.
Infringement by the Company. To the knowledge of the Company, no current business activity of the Company infringes or violates, or constitutes a misappropriation of, any Intellectual Property right of any third party. The Company has not received any notice alleging any such violation, infringement or other conflict, and has not received any invitation or request to license any third party patent or patent application as a condition to continuing the operation of its business as presently conducted.
