Incredimail 2011 Annual Report Download - page 177

(i) In each case in which the Company has acquired any Intellectual Property Rights from any Person, the Company has obtained a valid and
enforceable assignment sufficient to irrevocably transfer all rights in such Intellectual Property and Intellectual Property Rights (including the right to seek past and
future damages with respect to such Intellectual Property Rights) to the Company. With respect to Registered Intellectual Property Rights, to the maximum extent
provided for by, and in accordance with, applicable laws and regulations, the Company has recorded each such assignment with the relevant Government Body,
including the U.S. Patent and Trademark Office, the U.S. Copyright Office, or their respective equivalents in any relevant foreign jurisdiction.
(j) Privacy
. The Company has established privacy policies with respect to the personal data collected by Company, which are in
conformance with applicable law in all material respects. The Company is in compliance in all material respects with such privacy policies and with all applicable
laws and regulations relating to the use, collection, storage, disclosure and transfer of any personal data collected by the Company or by third parties having authorized
access to the records of the Company. The execution, delivery and performance of this Agreement, will comply with all applicable laws and regulations relating to
privacy and with the Company’s privacy policies. The Company has not received any complaint regarding the Company’
s collection, use or disclosure of personal
data.
(k) Digital Millennium Copyright Act
. The Company operates and has operated its business in such a manner as to take reasonable
advantage, if and when applicable, of the safe harbors provided by Section 512 of the Digital Millennium Copyright Act (“ DMCA ”),
including by informing users of
its products and services of such policy, designating an agent for notice of infringement claims, registering such agent with the United States Copyright Office, and
taking appropriate action expeditiously upon receiving notice of possible infringement in accordance with the “notice and take-down” procedures of the DMCA.
2.10 Agreements .
(a) All the material Contracts to which the Company is a party and which are in effect as of the date of this Agreement (the “
Material
Agreements ”) are listed in Part 2.10(a)
of the Disclosure Schedule, which also provides an accurate description of the material terms of each Material Agreement
that is not in written form. Without limitation, any Contract to which Company is a party involving any of the following shall be deemed to be a “
Material
Agreement ”:
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