LICENSED PURSUANT TO ANY
GNU PUBLIC LICENSE, IS, IN WHOLE OR IN PART, EMBODIED OR INCORPORATED INTO ANY
PRODUCT.
SCHEDULE 3.7(M) OF THE DISCLOSURE SCHEDULES LISTS ALL LICENSES OF
PRODUCTS IN SOURCE CODE FORMAT OF SOFTWARE INCORPORATED INTO PRODUCTS (OTHER
THAN PRODUCTS THAT ARE WRITTEN IN NON-COMPILED PROGRAMMING LANGUAGES).
EACH
PRODUCT CONFORMS IN ALL MATERIAL RESPECTS TO THE SPECIFICATIONS AND
DOCUMENTATION THEREFOR AND IS OTHERWISE IN COMPLIANCE WITH APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, (1) THE PRODUCTS (I) WILL RECORD, STORE,
PROCESS, CALCULATE AND PRESENT CALENDAR DATES FALLING ON AND AFTER (AND IF
APPLICABLE, SPANS OF TIME INCLUDING) JANUARY 1, 2000, AND WILL CALCULATE ANY
INFORMATION DEPENDENT ON OR RELATING TO SUCH DATES IN THE SAME MANNER, AND WITH
THE SAME FUNCTIONALITY, DATA INTEGRITY AND PERFORMANCE, AS THE PRODUCTS RECORD,
STORE, PROCESS, CALCULATE AND PRESENT CALENDAR DATES ON OR BEFORE DECEMBER 31,
1999, OR CALCULATE ANY INFORMATION DEPENDENT ON OR RELATING TO SUCH DATES, AND
(II) LOSE NO FUNCTIONALITY WITH RESPECT TO THE INTRODUCTION OF RECORDS
CONTAINING DATES FALLING ON OR AFTER JANUARY 1, 2000; (2) THE SELLER HAS SECURED
ANY EXPORT LICENSES THAT WERE NECESSARY FOR THE DISTRIBUTION BY SELLER OR ITS
SUBSIDIARIES OF THE PRODUCTS OUTSIDE THE UNITED STATES; AND (3) THE PRODUCTS DO
NOT CONTAIN ANY VIRUS, TROJAN HORSE, WORM, OR OTHER SOFTWARE ROUTINES OR
HARDWARE COMPONENTS DESIGNED TO PERMIT UNAUTHORIZED ACCESS, OR TO DISABLE,
ERASE, OR OTHERWISE HARM SOFTWARE, HARDWARE OR DATA IN AN UNAUTHORIZED MANNER.
(N)
FOR PURPOSES OF THIS AGREEMENT:
(I)
"INTELLECTUAL PROPERTY" MEANS ANY AND
ALL RIGHTS IN, ARISING OUT OF, OR ASSOCIATED WITH: (A) ALL UNITED STATES AND
FOREIGN PATENTS AND UTILITY MODELS AND APPLICATIONS THEREFOR AND ALL REISSUES,
DIVISIONS, RENEWALS, EXTENSIONS, PROVISIONALS, CONTINUATIONS AND
CONTINUATIONS-IN-PART THEREOF, AND EQUIVALENT OR SIMILAR RIGHTS ANYWHERE IN THE
WORLD IN INVENTIONS AND DISCOVERIES ("PATENTS"); (B) ALL INVENTIONS (WHETHER
PATENTABLE OR NOT), INVENTION DISCLOSURES, IMPROVEMENTS, TRADE SECRETS,
PROPRIETARY INFORMATION, KNOW HOW, TECHNOLOGY, TECHNICAL DATA AND CUSTOMER LISTS
WHICH HAVE NOT BEEN PUBLICLY DISCLOSED, AND ALL DOCUMENTATION EMBODYING OR
EVIDENCING ANY OF THE FOREGOING ("TRADE SECRETS"); (C) ALL COPYRIGHTS,
COPYRIGHTS REGISTRATIONS AND APPLICATIONS THEREFOR AND ALL OTHER RIGHTS
CORRESPONDING THERETO THROUGHOUT THE WORLD ("COPYRIGHTS"); (D) ALL MASK WORKS,
MASK WORK REGISTRATIONS AND APPLICATIONS THEREFOR, AND ANY EQUIVALENT OR SIMILAR
RIGHTS IN SEMICONDUCTOR MASKS, LAYOUTS, ARCHITECTURES OR TOPOLOGY ("MASKWORKS");
(E) ALL INDUSTRIAL DESIGNS AND ANY REGISTRATIONS AND APPLICATIONS THEREFOR
THROUGHOUT THE WORLD; (F) ALL TRADE NAMES, LOGOS, COMMON LAW TRADEMARKS AND
SERVICE MARKS, TRADEMARK AND SERVICE MARK REGISTRATIONS AND APPLICATIONS
THEREFOR AND ALL GOODWILL ASSOCIATED THEREWITH THROUGHOUT THE WORLD
("TRADEMARKS"); (G) ALL WORLD WIDE WEB ADDRESSES, UNIFORM RESOURCE LOCATORS, AND
DOMAIN NAMES; AND (H) ANY SIMILAR, CORRESPONDING OR EQUIVALENT RIGHTS TO ANY OF
THE FOREGOING ANYWHERE IN THE WORLD.
(II)
"INTELLECTUAL PROPERTY CONTRACT" MEANS ANY
AND ALL CONTRACTS TO WHICH ANY MEMBER OF THE SELLER GROUP IS A PARTY, PURSUANT
TO WHICH A MEMBER OF THE SELLER GROUP OBTAINED ANY RIGHT TO USE OR OTHERWISE
EXPLOIT ANY THIRD PARTY INTELLECTUAL PROPERTY.
(III)
"LICENSED INTELLECTUAL PROPERTY" HAS THE
MEANING