Computer Programs. Computer programs are protected as literary works within the meaning of Article 2 of the Berne Convention. Such protection applies to computer programs, whatever may be the mode or form of their expression.3 Article 5 Compilations of Data (Databases) Compilations of data or other material, in any form, which by reason of the selection or arrangement of their contents constitute intellectual creations, are protected as such. This protection does not extend to the data or the material itself and is without prejudice to any copyright subsisting in the data or material contained in the compilation.4
Computer Programs. (a) Set forth in the Disclosure Schedule is a list and brief description of the computer programs (other than off-the-shelf computer programs) owned, licensed or otherwise used by the Company that are material in the continued operation of its business as currently conducted or proposed to be conducted (such computer programs being referred to herein as the "Company Software"), identifying with respect to each such Computer Program whether it is owned, licensed or otherwise used by the Company. The Disclosure Schedule identifies all material agreements relating to the Company Software (the "Software Contracts") and further classifies each such Software Contract under one of the following categories: (A) license to use third party software; (B) development contract, work-for-hire agreement, or consulting agreement; (C) distributor, dealer or value added reseller agreement; (D) license or sublicense to a third party (including agreements with end-users); (E) maintenance, support or enhancement agreement; or (F) other.
Computer Programs. Set forth in Section 3.20 of the Disclosure Schedule is a list of the Computer Programs owned, licensed or otherwise used by the Company (excluding off-the-shelf software programs licensed by the Company pursuant to “shrink wrap” or “click through” licenses) in connection with the operation of its business as currently conducted or proposed to be conducted identifying with respect to each such Computer Program whether it is owned, licensed or otherwise used by the Company. The Company does not own, license or otherwise use any Computer Programs (other than off-the-shelf computer programs) that is material to the conduct of its business as currently conducted or proposed to be conducted.
Computer Programs. (a) Section 3.18(a) of the Company Disclosure Schedule contains a true and complete list and brief description of the Computer Programs (other than off-the-shelf Computer Programs) owned, licensed or otherwise used by the Company in connection with the operation of its business as currently conducted (such Computer Programs being referred to herein as the "Company Software"), identifying with respect to each such Computer Program whether it is owned, licensed or otherwise used by the Company. Except as listed in Section 3.18(a) of the Disclosure Schedule, there are no material agreements providing for the sale or license of the Company Software directly or indirectly by the Company to any Person.
Computer Programs. All interests of such Asian Business in the ----------------- software and computer programs and documentation used exclusively in conducting such Asian Business, including flow charts, diagrams, descriptive texts and programs, computer printouts, underlying tapes, computer data bases and similar items;
Computer Programs. Physicians Care covenants and agrees that any and all computer programs and computer software developed or utilized by Manager in order to fulfill Manager's responsibilities specified herein shall remain the property of Manager, or shall be used by Manager pursuant to appropriate authorization, and that Physicians Care shall not use such programs and software for any purpose other than the activities of Physicians Care without the express written consent of Manager; provided, however, that if Physicians Care funds the development cost of any such program, whether in whole or in part, then such program shall be the property of Physicians Care and Manager shall have a license to use such program, which license shall automatically terminate upon termination of this Agreement for any reason. 8.4
Computer Programs. To the best knowledge of the Seller and the ----------------- Shareholders, based upon diligent investigation and inquiry, all computer or computer related hardware or software transferred as part of the Assets (the "Computer System") is millennium compliant. For purposes of this section "millennium compliant" means that the Computer System (a) allows for the input of all dates in a four-digit format; (b) provides date output in a four-digit format; (c) accommodates same-century and multi-century date related formulas and calculations (including leap year calculations); (d) function accurately and without interruption before, during, and after January 1, 2000, and (e) responds to two-digit date input in a way that resolves any ambiguity as to century.
Computer Programs. 1 Contract.......................................................................................................2