Common use of Intellectual Property and Software Clause in Contracts

Intellectual Property and Software. (a) Schedule 4.16 correctly identifies (where applicable, by owner, place of registration, registration or application number and registration or application dates) all issued domestic and foreign patents, patent applications pending, patent applications in process, trademarks, trademark registrations, trademark registration applications, service marks, service xxxx registrations, service xxxx registration applications, copyright registrations, copyright registration applications, license agreements, rights acquired through litigation, logos, trade names, slogans owned by MMI and all books and training manuals published or printed by or on behalf of MMI and which are presently used in the business of MMI, and are material to the operation of MMI (the foregoing, along with know-how and trade secrets owned by MMI which are material to the operation of MMI are hereinafter collectively referred to as the "Intellectual Property"). Schedule 4.16 correctly identifies all issued patents, patent applications pending, patent applications in process, trademarks, trademark registrations, trademark registration applications, service marks, service xxxx registrations, service xxxx registration applications, copyright registration applications, licenses, rights acquired through litigation, logos, trade names, slogans, know-how and trade secrets other than Software (as defined in Section 4.16(g) below) that are currently expressly licensed to or by MMI and are material to the operation of MMI ("Licensed Intellectual Property"). Except for any implied licenses, neither Sellers nor MMI has granted any license to any person with respect to any Intellectual Property or Licensed Intellectual Property, except those set forth in Schedule 4.16. Except as set forth in Schedule 4.16, the agreements and/or arrangements for the Licensed Intellectual Property are in full force and effect, and are free and clear of all adverse claims, options, liens, charges, security interests, covenants, conditions, agreements, restrictions, encumbrances and defenses and no material default by MMI exists thereunder.

Intellectual Property and Software. (a) Schedule 4.16 correctly identifies (where applicable, by owner, place of registration, registration or application number and registration or application dates) all issued domestic and foreign patents, patent applications pending, patent applications in process, trademarks, trademark registrations, trademark registration applications, service marks, service xxxx registrations, service xxxx registration applications, copyright registrations, copyright registration applications, license agreements, rights acquired through litigation, logos, trade names, slogans owned by MMI and all books and training manuals published PGM or printed by or on behalf of MMI any PGM Joint Venture and which are presently used in the business of MMIPGM or such PGM Joint Venture, and are material to the operation of MMI PGM (the foregoing, along with know-how and trade secrets owned by MMI PGM or by any PGM Joint Venture which are material to the operation of MMI PGM or any PGM Joint Venture are hereinafter collectively referred to as the "Intellectual Property"). Schedule 4.16 correctly identifies all issued patents, patent applications pending, patent applications in process, trademarks, trademark registrations, trademark registration applications, service marks, service xxxx registrations, service xxxx registration applications, copyright registration applications, licenses, rights acquired through litigation, logos, trade names, slogans, know-how and trade secrets other than Software (as defined in Section 4.16(g) below) that are currently expressly licensed to or by MMI PGM or to or by any PGM Joint Venture and are material to the operation of MMI PGM or any PGM Joint Venture ("Licensed Intellectual Property"). Except for any implied licenseslicenses and those licenses granted in the Branch Operators Agreements or in the Joint Venture Agreements, neither Sellers nor MMI PGM has granted any license to any person with respect to any Intellectual Property or Licensed Intellectual Property, except those set forth in Schedule 4.16. Except as set forth in Schedule 4.16, the agreements and/or arrangements for the Licensed Intellectual Property are in full force and effect, and are free and clear of all adverse claims, options, liens, charges, security interests, covenants, conditions, agreements, restrictions, encumbrances and defenses other than Permitted Encumbrances, and no material default by MMI PGM or by any PGM Joint Venture exists thereunder.