Common use of Intellectual Property and Technology Clause in Contracts

Intellectual Property and Technology. (a) Except as described on Schedule 3.26(a), ViComp owns, or is licensed to use, all of its Intellectual Property (as defined herein) and Technology (as defined herein) used in the conduct of its business as now conducted and no service marks or trade names or registration or applications therefor, trademarks, trademark registrations or applications, copyrights, copyright registrations or applications, patents, patent registrations or applications or otherwise are necessary for the conduct of its business as presently conducted by it. (b) Except as disclosed in Schedule 3.26(b), ViComp is not obligated pursuant to any contract to make any payments by way of royalties, fees or otherwise with respect to any of its Intellectual Property or Technology and ViComp has not received any written notice of any written claim that it has infringed upon or is in conflict with any Intellectual Property or Technology of any third party. Except as disclosed in Schedules 3.26(a) or 3.26(b), ViComp, by virtue of the business conducted by it, is not in violation of any service ▇▇▇▇ or trade name or registration or application therefor, trademark, trademark registration or application, copyright, copyright registration or application, patent, patent registration or application of any other person. Except as disclosed in Schedules 3.26(a) or 3.26(b), the use by ViComp of its Technology does not infringe any trade secret or patent of any third party. (c) None of the rights of ViComp to its Intellectual Property or Technology will be impaired in any way by the consummation of the Merger or by any other transactions contemplated by this Agreement, and all of the rights of ViComp to its Intellectual Property and Technology will be fully enforceable by ViComp after the consummation of the transactions contemplated by this Agreement to the same extent as such rights would have been enforceable by ViComp prior to the consummation of the Merger or the other transactions contemplated hereby, without the consent or agreement of any other party. For the purposes of this Section 3.26 (c) "Intellectual Property" shall mean all of ViComp's right, title and interest in and to (i) all patents, patent registrations, patent applications, trademarks, trademark registrations, trademark applications, trade names, copyrights, copyright applications, copyright registrations, franchises, permits and licenses used by, or available for use by ViComp, and all rights to ▇▇▇