Depositor's Representations. Depositor represents as follows: a. Depositor lawfully possesses all of the Deposit Materials deposited with DSI; b. With respect to all of the Deposit Materials, Depositor has the right and authority to grant to DSI and Preferred Beneficiary the rights as provided in this Agreement; c. The Deposit Materials are not subject to any lien or other encumbrance; d. The Deposit Materials consist of the proprietary technology and other materials identified either in the License Agreement or Exhibit A, as the case may be; and e. The Deposit Materials are readable and useable in their current form or, if any portion of the Deposit Materials is encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 7 contracts
Sources: Software License and Maintenance Agreement (Interdent Inc), Oem Agreement (Interwave Communications International LTD), Oem Agreement (Utstarcom Inc)
Depositor's Representations. Depositor represents as follows:: ---------------------------
a. Depositor lawfully possesses all of the Deposit Materials deposit materials deposited with DSI;
b. With respect to all of the Deposit Materialsdeposit materials, Depositor has the right and authority to grant to DSI and Preferred Beneficiary the rights as provided in this Agreement;
c. The Deposit Materials deposit materials are not subject to any lien or other encumbrance;
d. The Deposit Materials deposit materials consist of the proprietary technology information and other materials identified either in the License Agreement license agreement or Exhibit A, as the case may be; and
e. The Deposit Materials deposit materials are readable and useable in their current form or, if any portion of the Deposit Materials is deposit materials are encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 4 contracts
Sources: Development and Marketing Agreement (Vignette Corp), Firm Fixed Price Subcontract (Integral Systems Inc /Md/), Letter Amendment to "Prism" Development and Marketing Agreement (Vignette Corp)
Depositor's Representations. Depositor represents as follows:
a. (a) Depositor lawfully possesses all of the Deposit Materials deposit materials deposited with DSI;
b. (b) With respect to all of the Deposit Materials, deposit materials Depositor has the right and authority to grant to DSI and Preferred Beneficiary the rights as provided in this Agreement;
c. (c) The Deposit Materials deposit materials are not subject to any lien or other encumbranceencumbrance other than encumbrances arising in the ordinary cause of Depositor's business;
d. (d) The Deposit Materials deposit materials consist of the proprietary technology information and other materials identified either in the License Agreement or Exhibit A, as the case may be; and
e. (e) The Deposit Materials deposit materials are readable and useable in their current form or, if any portion of the Deposit Materials is deposit materials are encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 3 contracts
Sources: E Commerce and Promotion Services Agreement (Bid Com International Inc), License Agreement (American Interactive Media Inc), License Agreement (Bid Com International Inc)
Depositor's Representations. Depositor represents as follows:: ---------------------------
a. Depositor lawfully possesses all of the Deposit Materials deposited with DSI;
b. With respect to all of the Deposit Materials, Depositor has the right and authority to grant to DSI and Preferred Beneficiary the rights as provided in this Agreement;
c. The Deposit Materials are not subject to any lien or other encumbrance;
d. The Deposit Materials consist of the proprietary technology and other materials identified either in the License Service Agreement or Exhibit A, as the case may be; and
e. The Deposit Materials are readable and useable in their current form or, if any portion of the Deposit Materials is are encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 3 contracts
Sources: Gt Services Agreement (Getthere Com), Gt Services Agreement (Getthere Com), Gt Services Agreement (Getthere Com)
Depositor's Representations. Depositor represents as follows:
a. Depositor lawfully possesses all of the Deposit Materials deposited with DSI;
b. With respect to all of the Deposit Materials, Depositor has the right and authority to grant to DSI and Preferred Beneficiary the rights as provided in this Agreement;
c. The Deposit Materials are not subject to any lien or other encumbrance;
d. The Deposit Materials consist of the proprietary technology and other materials identified either in the License Agreement or Exhibit A, as the case may be; and
e. The Deposit Materials are machine readable and useable in their current form or, if any portion of the Deposit Materials is encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 3 contracts
Sources: Hosting Services Agreement (Isecuretrac Corp), Hosting Services Agreement (Isecuretrac Corp), Hosting Services Agreement (Isecuretrac Corp)
Depositor's Representations. Depositor represents as follows:
a. Depositor lawfully possesses all of the Deposit Materials deposited with DSI;
b. With respect to all of the Deposit Materials, Depositor has the right and authority to grant to DSI and Preferred Beneficiary the rights as provided in this Agreement;
c. The Deposit Materials are not subject to any lien or other encumbrance;
d. The Deposit Materials consist of the proprietary technology and other materials identified either in the License Agreement or Exhibit A, as the case may be; and
e. The Deposit Materials are readable and useable in their current form or, if any portion of the Deposit Materials is are encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 3 contracts
Sources: Master Software License and Services Agreement (Esoft Inc), Master Software License and Services Agreement (Esoft Inc), Service Agreement (Goamerica Inc)
Depositor's Representations. Depositor represents as follows:
a. Depositor lawfully possesses all of the Deposit Materials deposited with DSIEscrow Agent;
b. With respect to all of the Deposit Materials, Depositor has the right and authority to grant to DSI Escrow Agent and Preferred Beneficiary the rights as provided in this Agreement;
c. The Deposit Materials are not subject to any lien or other encumbrance;
d. The Deposit Materials consist of the proprietary technology and other materials identified either in the License Agreement or Exhibit AB1, as the case may be; and
e. The Deposit Materials are readable and useable in their current form or, if any portion of the Deposit Materials is encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 2 contracts
Sources: Distribution Agreement (Kana Communications Inc), Distribution Agreement (Kana Communications Inc)
Depositor's Representations. Depositor represents as follows:
a. (1) Depositor lawfully possesses all of the Deposit Materials deposit materials deposited with DSI;
b. (2) With respect to all of the Deposit Materialsdeposit materials, Depositor has the right and authority to grant to DSI and Preferred Beneficiary the rights as provided in this Agreement;
c. (3) The Deposit Materials deposit materials are not subject to any lien or other encumbranceencumbrance other than encumbrances arising in the ordinary cause of Depositor's business;
d. (4) The Deposit Materials deposit materials consist of the proprietary technology information and other materials identified either in the License Agreement or Exhibit A, as the case may be; and
e. (5) The Deposit Materials deposit materials are readable and useable in their current form or, if any portion of the Deposit Materials is deposit materials are encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 2 contracts
Sources: E Commerce Services Agreement (Bid Com International Inc), E Commerce Services Agreement (Bid Com International Inc)
Depositor's Representations. Depositor represents as follows:
a. Depositor lawfully possesses all of the Deposit Materials deposited with DSI;
b. With respect to all of the Deposit Materials, Depositor has the right and authority to grant to DSI and Preferred Beneficiary the rights as provided in this Agreement;
c. The Deposit Materials are not subject to any lien or other encumbrance;
d. The Deposit Materials consist of the proprietary technology and other materials identified either in the License Agreement or Exhibit A, as the case may be; and
e. The Deposit Materials are readable and useable usable in their current form or, if any portion of the Deposit Materials is are encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 2 contracts
Sources: Software License and Services Agreement (Omnisky Corp), Software License and Services Agreement (Omnisky Corp)
Depositor's Representations. Depositor represents as follows:
a. Depositor lawfully possesses all of the Deposit Materials deposit materials deposited with DSI;
b. With respect to all of the Deposit Materialsdeposit materials, Depositor has the right and authority to grant to DSI and Preferred Beneficiary the rights as provided in this Agreement;
c. The Deposit Materials deposit materials are not subject to any lien or other encumbrance;
d. The Deposit Materials deposit materials consist of the proprietary technology information and other materials identified either in the License Supply Agreement or Exhibit A, as the case may be; and
e. The Deposit Materials deposit materials are readable and useable in their current form or, if any portion of the Deposit Materials is deposit materials are encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 1 contract
Sources: Development and Supply Agreement (Wilshire Technologies Inc)
Depositor's Representations. Depositor represents as follows:: ---------------------------
a. Depositor lawfully possesses all of the Deposit Materials deposited with DSI;
b. With respect to all of the Deposit Materials, Depositor has the right and authority to grant to DSI and Preferred Beneficiary the rights as provided in this Agreement;
c. The Deposit Materials are not subject to any lien or other encumbrance;
d. The Deposit Materials consist of the proprietary technology and other materials identified either in the License Agreement or Exhibit A, as the case may be; and
e. The Deposit Materials are readable and useable in their current form or, if any portion of the Deposit Materials is are encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 1 contract
Depositor's Representations. Depositor represents as follows:
a. Depositor lawfully possesses all of the Deposit Materials deposited with DSI;
b. With respect to all of the Deposit Materials, Depositor has the right and authority to grant to DSI and Preferred Beneficiary the rights as provided in this Agreement;
c. The Deposit Materials are not subject to any lien or other encumbrance;
d. The Deposit Materials consist of the proprietary technology and other materials identified either in the License Agreement or Exhibit A, as the case may be; and
e. The Deposit Materials are readable and useable in their current form or, if any portion of the Deposit Materials is are encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 1 contract
Sources: Joint Development and Commercialization Agreement (Decode Genetics Inc)
Depositor's Representations. Depositor represents as follows:: ----------------------------
a. Depositor lawfully possesses all of the Deposit Materials deposited with DSI;
b. With respect to all of the Deposit Materials, Depositor has the right and authority to grant to DSI and Preferred Beneficiary the rights as provided in this Agreement;
c. The Deposit Materials are not subject to any lien or other encumbrance;
d. The Deposit Materials consist of the proprietary technology and other materials identified either in the License Agreement or Exhibit AB, as the case may be; and
e. The Deposit Materials are readable and useable in their current form or, if any portion of the Deposit Materials is encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 1 contract
Depositor's Representations. Depositor represents as follows:
a. Depositor lawfully possesses all of the Deposit Materials deposited with DSI;
b. With respect to all of the Deposit Materials, Depositor has the right and authority to grant to DSI and Preferred Beneficiary the rights as provided in this Agreement;
c. The Deposit Materials are not subject to any lien or other encumbrance;
d. The Deposit Materials consist of the proprietary technology and other materials identified either in the License Master Services Agreement or Exhibit A, as the case may be; and
e. The Deposit Materials are readable and useable in their current form form, or, if any portion of the Deposit Materials is are encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 1 contract
Sources: Comprehensive Preferred Escrow Agreement (Inspire Insurance Solutions Inc)
Depositor's Representations. Depositor represents to DSI as follows:
a. : --------------------------- Depositor lawfully possesses all of the Deposit Materials deposited with DSI;
b. ; With respect to all of the Deposit Materials, Depositor has the right and authority to grant to DSI and Preferred Beneficiary the rights as provided in this Agreement;
c. ; The Deposit Materials are not subject to any lien or other encumbrance;
d. ; The Deposit Materials consist of the proprietary technology and other materials identified either in the License Agreement or Exhibit A, as the case may be; and
e. and The Deposit Materials are readable and useable in their current form or, if any portion of the Deposit Materials is encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 1 contract
Depositor's Representations. Depositor represents as follows:
a. (a) Depositor lawfully possesses all of the Deposit Materials deposited with DSI;
b. (b) With respect to all of the Deposit Materials, Depositor has the right and authority to grant to DSI and Preferred Beneficiary the rights as provided in this Agreement;
c. (c) The Deposit Materials are not subject to any lien or other encumbrance;
; d. The Deposit Materials consist of the proprietary technology and other materials identified either in the License Agreement or Exhibit A, as the case may be; and
and e. The Deposit Materials are readable and useable in their current form or, if any portion of the Deposit Materials is are encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 1 contract
Depositor's Representations. Depositor represents as follows:
a. Depositor lawfully possesses all of the Deposit Materials deposited with DSI;
b. With respect to all of the Deposit Materials, Depositor has the right and authority to grant to DSI and Preferred Beneficiary Beneficiaries the rights as provided in this Agreement;
c. The Deposit Materials are not subject only to any the lien or other encumbranceencumbrance specified in the Collateral Agreement;
d. The Deposit Materials consist of the proprietary technology and other materials identified either in the License Collateral Agreement or Exhibit A, as the case may be; and
e. The Deposit Materials are readable and useable in their current form or, if any portion of the Deposit Materials is encrypted, the decryption tools and decryption keys have also been deposited.
Appears in 1 contract
Sources: Technology Collateral Escrow Agreement (Airnet Communications Corp)