Common use of No Infringement of Third Party IP Rights Clause in Contracts

No Infringement of Third Party IP Rights. None of the Acquired Corporations has ever infringed (directly, contributorily, by inducement, or otherwise), misappropriated, or otherwise violated or made unlawful use of any Intellectual Property Right of any other Person or engaged in unfair competition. No Company Product, and no method or process used in the manufacturing of any Company Product, infringes, violates, or makes unlawful use of any Intellectual Property Right of, or contains any Intellectual Property misappropriated from, any other Person, other than in an immaterial manner. There is no legitimate basis for a claim that any of the Acquired Corporations or any Company Product has infringed or misappropriated any Intellectual Property Right of another Person or engaged in unfair competition or that any Company Product, or any method or process used in the manufacturing of any Company Product, infringes, violates, or makes unlawful use of any Intellectual Property Right of, or contains any Intellectual Property misappropriated from, any other Person, other than in an immaterial manner. Without limiting the generality of the foregoing:

Appears in 3 contracts

Samples: Agreement and Plan of Merger and Reorganization (Website Pros Inc), Agreement and Plan of Merger and Reorganization (Website Pros Inc), Agreement and Plan of Merger and Reorganization (WEB.COM, Inc.)

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No Infringement of Third Party IP Rights. None To the knowledge of the Acquired Corporations Company, except as set forth in Part 2.9(k) of the Company Disclosure Schedule, (a) none of the Company Entities has ever infringed (directly, contributorily, by inducement, or otherwise), misappropriated, or otherwise violated or made unlawful use of any Intellectual Property Right of any other Person or engaged in unfair competition. No , (b) no Company Product, and no method or process used in the manufacturing of any Company Product, infringes, violates, or makes unlawful use of any Intellectual Property Right of, or contains any Intellectual Property misappropriated from, any other Person, other than in an immaterial manner. There and (c) there is no legitimate basis for a claim that any of the Acquired Corporations Company Entities or any Company Product has infringed or misappropriated any Intellectual Property Right of another Person or engaged in unfair competition or that any Company Product, or any method or process used in the manufacturing of any Company Product, infringes, violates, or makes unlawful use of any valid and enforceable Intellectual Property Right of, or contains any valid and enforceable Intellectual Property misappropriated from, any other Person, other than in an immaterial manner. Without limiting the generality of the foregoing:.

Appears in 2 contracts

Samples: Agreement and Plan of Merger and Reorganization (Med-Design Corp), Agreement and Plan of Merger and Reorganization (Specialized Health Products International Inc)

No Infringement of Third Party IP Rights. None of Neither the Acquired Corporations Company nor any Company Subsidiary has ever infringed (directly, contributorily, by inducement, or otherwise), misappropriated, or otherwise violated or made unlawful use of any Intellectual Property Right of any other Person or engaged in unfair competition. No Company Product, and no method or process used in the manufacturing of any Company Product, infringes, violates, or makes unlawful use of any Intellectual Property Right of, or contains any Intellectual Property misappropriated from, any other Person, other than in an immaterial manner. There is no legitimate basis for a claim that the Company, any of the Acquired Corporations Company Subsidiary or any Company Product has infringed or misappropriated any Intellectual Property Right of another Person or engaged in unfair competition or that any Company Product, or any method or process used in the manufacturing of any Company Product, infringes, violates, or makes unlawful use of any Intellectual Property Right of, or contains any Intellectual Property misappropriated from, any other Person, other than in an immaterial manner. Without limiting the generality of the foregoing:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Enernoc Inc)

No Infringement of Third Party IP Rights. None of the Acquired Corporations has ever infringed (directly, contributorily, by inducement, or otherwise), misappropriated, or otherwise violated or made unlawful use of any Intellectual Property Right of any other Person or engaged in unfair competition. No Company Product, and no method or process used in the manufacturing of any Company Product, infringes, violates, or makes unlawful use of any Intellectual Property Right of, or contains any Intellectual Property misappropriated from, any other Person. To the knowledge of the Company, other than in an immaterial manner. There there is no legitimate basis for a claim that any of the Acquired Corporations or any Company Product has infringed or misappropriated any Intellectual Property Right of another Person or engaged in unfair competition or that any Company Product, or any method or process used in the manufacturing of any Company Product, infringes, violates, or makes unlawful use of any Intellectual Property Right of, or contains any Intellectual Property misappropriated from, any other Person, other than in an immaterial manner. Without limiting the generality of the foregoing:

Appears in 1 contract

Samples: Agreement and Plan of Merger (Servidyne, Inc.)

No Infringement of Third Party IP Rights. None of To the Acquired Corporations Sellers Knowledge, no Seller has ever infringed (directly, contributorily, by inducement, or otherwise), misappropriated, or otherwise violated or made unlawful use of any Intellectual Property Right of any other Person or engaged in unfair competition. No Company To the Sellers Knowledge, no Seller Product, and no method or process used in the manufacturing of any Company Seller Product, infringes, violates, or makes unlawful use of any Intellectual Property Right of, or contains any Intellectual Property misappropriated from, any other Person, other than in an immaterial manner. There To the Sellers Knowledge there is no legitimate basis for a claim that any of the Acquired Corporations a Seller or any Company Seller Product has infringed or misappropriated any Intellectual Property Right of another Person or engaged in unfair competition or that any Company Seller Product, or any method or process used in the manufacturing of any Company Seller Product, infringes, violates, or makes unlawful use of any Intellectual Property Right of, or contains any Intellectual Property misappropriated from, any other Person, other than in an immaterial manner. Without limiting the generality of the foregoing:

Appears in 1 contract

Samples: Asset Purchase Agreement (Turtle Beach Corp)

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No Infringement of Third Party IP Rights. None of the Acquired Corporations The Company has ever never infringed (directly, contributorily, by inducement, or otherwise), misappropriated, or otherwise violated or made unlawful use of any Intellectual Property Right of any other Person or engaged in unfair competition. No Company Product, and no method or process used in the manufacturing of any Company Product, infringes, violates, or makes unlawful use of any Intellectual Property Right of, or contains any Intellectual Property misappropriated from, any other Person. To the best of the knowledge of the Company, other than in an immaterial manner. There there is no legitimate basis for a claim that any of the Acquired Corporations Company or any Company Product has infringed or misappropriated any Intellectual Property Right of another Person or engaged in unfair competition or that any Company Product, or any method or process used in the manufacturing of any Company Product, infringes, violates, or makes unlawful use of any Intellectual Property Right of, or contains any Intellectual Property misappropriated from, any other Person, other than in an immaterial manner. Without limiting the generality of the foregoing:.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Patient Infosystems Inc)

No Infringement of Third Party IP Rights. None To each Acquired Company’s Knowledge, (i) the business of the each Acquired Corporations has ever infringed Company does not, as currently conducted or currently planned by such Acquired Company to be conducted, infringe (directly, contributorily, by inducement, or otherwise), misappropriatedmisappropriate, or otherwise violated violate or made make unlawful use of any Intellectual Property Right of any other Person or constitute unfair competition, and no Acquired Company has ever engaged in unfair competition. No any of the foregoing actions; (ii) no Acquired Company Product, and no method or process used in the manufacturing of any Acquired Company Product, infringes, violates, or makes unlawful use of any Intellectual Property Right of, or contains any Intellectual Property misappropriated from, any other Person, other than in an immaterial manner. There ; and (iii) there is no legitimate basis for a claim that alleging any of the foregoing. Neither any Acquired Corporations Company IP, nor the use therof, infringes (directly, contributorily, by inducement, or otherwise) any Company Product has infringed or misappropriated copyright of any Intellectual Property Right of another other Person or engaged in unfair competition or that misappropriates any Company Product, or any method or process used in the manufacturing trade secret of any Company Product, infringes, violates, or makes unlawful use of any Intellectual Property Right of, or contains any Intellectual Property misappropriated from, any other Person, other than in an immaterial manner. Without limiting the generality of the foregoing:

Appears in 1 contract

Samples: Registration Rights Agreement (Cavium Networks, Inc.)

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