Incredimail 2011 Annual Report Download - page 173

2.8 Equipment; Leasehold .
(a)
All material items of equipment and other tangible assets owned by or leased to the Company are adequate for the uses to which they are
being put, are in good condition and repair (ordinary wear and tear excepted) and are adequate for the conduct of the Company’
s business in the manner in which such
business is currently being conducted and Currently Proposed to be Conducted.
(b)
The Company does not own any real property or any interest in real property, except for the leasehold created under the real property
leases identified in Part 2.8(b) of the Disclosure Schedule.
2.9 Intellectual Property and Other Intangible Assets .
(a) As used herein, the term
(i) “ Intellectual Property ” shall mean all designs, trademarks and trade-names, all computer programs and related flow-
charts,
programmer notes, updates and data, whether in object or source code form, and all hardware, algorithms, utilities flowcharts, logic, documentation, processes,
formulations, data, experimental methods, or results, descriptions, business or scientific plans, depictions, customer lists and any other written, printed or electronically
stored materials or information, including pricing plans, market research or data, potential marketing strategies, prospective users and distribution channels,
engineering drawings, information concerning specialized suppliers, specifications for products and/ or processes and/or software, test protocols, databases, data
compilations and all other materials relating thereto, and copies thereof in any storage media, and all other works of authorship, inventions, concepts, ideas, know how
and discoveries and all instantiations or embodiments of the foregoing or of any Intellectual Property Rights in any form and/or media.
(ii) “ Intellectual Property Rights ”
shall mean any or all of the following and all rights in, arising out of, or associated therewith
throughout the world (A) common law trademarks and service marks that the Company has owned or used with the intent of creating or benefiting from any common
law rights relating to such marks and/or any trade names logos, trademark and service mark registrations and applications therefore and all goodwill associated
therewith throughout the world, (B) all United States and foreign patents and utility models and applications therefor and all reissues, divisions, re-
examinations,
renewals, extensions, provisionals, continuations and continuations-in-
part thereof; (C) all copyrights, copyright registrations and applications therefor; (D) mask work
rights, mask work registrations and applications therefor; (E) all trade secrets and other rights in know-
how and confidential or proprietary information whether or not
subject to statutory registration; (F) domain names; and (G) any similar, corresponding or equivalent rights to any of the foregoing anywhere in the world.
(iii) “ Company Intellectual Property ”
shall mean all Intellectual Property and Intellectual Property Rights owned by the
Company.
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