definiens: means ( i ) patents, trademarks, service marks, trade names, domain names, copyrights, designs and trade secrets, ( ii ) applications for and registrations of such patents, trademarks, service marks, tradenames, domain names, copyrights and designs, ( iii ) invention disclosures, processes, formulae, methods, schematics, technology, know - how, computer software programs and applications, ( iv ) other tangible or intangible proprietary orconfidential information and materials and ( v ) any goodwill associated with any of the foregoing . means all Intellectual Property that the Company and its Subsidiaries own ( either solely or jointly ), use, is held foruse for, license, and/or have an interest, that is material to the business of the Company and its Subsidiaries, taken as a whole, as currently conducted . Section 3.10(a ) of the Company Disclosure Schedule identifies, as of the date of this Agreement, ( i ) allissued patents and registered trademarks that have been issued to the Company or a Subsidiary of the Company, ( ii ) eachpending application therefor submitted by the Company or a Subsidiary of the Company and ( iii ) all issued patents, registeredtrademarks and pending applications therefor owned by a third party who has granted the Company or a Subsidiary of theCompany exclusive rights thereto . To the Company ’s Knowledge, the Company and its Subsidiaries have the right to sell theirproducts and services ( whether now offered for sale or under development ) free from any royalty or other obligations to thirdparties