Patents and Other Intellectual Property. 6.14.1 The Seller has exclusive title to, owns, possesses, has the sole right to use or, where necessary, has made timely and proper application for, the Intellectual Property as necessary or required to conduct the Business as conducted. All of the Intellectual Property is owned or otherwise lawfully used by the Seller, and to the Seller’s knowledge, the Seller is not infringing upon, conflicting with or unlawfully or wrongfully using any patent, trademark, trade name, service ▇▇▇▇, copyright, trade secret or other intellectual property right owned or claimed by another person. The Seller is not in default, and has not received any notice of any claim of infringement or any other claim or proceeding, with respect to any such patent, trademark, trade name, service ▇▇▇▇, copyright or trade secret. No current or former employee of the Seller and, to the Seller’s knowledge, no other person owns any proprietary right (droit patrimonial) in whole or in part, in any of the Intellectual Property. 6.14.2 The Seller has taken all appropriate measures to protect and preserve the security, confidentiality and value of its Confidential Information. “Confidential Information” means those items of the Intellectual Property that are confidential and any other confidential information owned by Seller, including personnel information, technical information, customer lists, other customer information and supplier information.
Appears in 2 contracts
Sources: Agreement for the Sale of a Business as a Going Concern, Agreement for the Sale of a Business as a Going Concern (Escalon Medical Corp)