MASTER ASSET PURCHASE AGREEMENT BY ... - Canadian Stocks

VI. Other Excluded Assets
1. All intellectual property of Seller, any Seller Party or the Bucyrus Entities or any
of their respective Affiliates, including but not limited to all (i) inventions
(whether patentable or unpatentable and whether or not reduced to practice),
improvements thereto, and patents, patent applications, and patent disclosures,
together with reissuances, revisions, extensions, and reexaminations thereof, (ii)
trademarks, service marks, trade dress, logos, trade names, and applications,
registrations, and renewals in connection therewith, (iii) the names “Caterpillar”
and “Bucyrus” and any business name, trade name, service name, or brand name,
and any domain name that includes such names and any and all other derivatives
thereof, (iv) copyrights and applications, registrations, and renewals in connection
therewith and (v) trade secrets, know how and similar confidential proprietary
information.
2. All data, information, records, files and other materials (i) located at the Acquired
Real Property or (ii) owned, held, licensed or used by or on behalf of Seller or any
Seller Party or (iii) generated in connection with the conduct of the Local
Distribution Businesses, in each case whether in tangible or intangible or other
form or commingled with other items, and regardless of format, including any of
the foregoing contained in or used on or with any storage devices or media,
desktops, laptops, servers or PDAs (e.g., BlackBerrys, iPhones or other “smart”
phones).
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Schedule 1.1(b)
Excluded Assets