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applicable state law to be described.
<br />1.3 "Equipment" includes any and all cameras, sensors, equipment, components,
<br />products, software and other tangible and intangible property relating to the
<br />Busguard System(s).
<br />1.4 "FxS Marks" means all trademarks registered in the name of FxS or any of its
<br />affiliates, such other trademarks as are used by FxS or any of its affiliates on or in
<br />relation to School Bus Safety at any time during the Term of this Agreement,
<br />service marks, trade names, logos, brands and other marks owned by FxS, and all
<br />modifications or adaptations of any of the foregoing.
<br />1.5 "Intellectual Property" means, with respect to any person, any and all now known
<br />or hereafter known tangible and intangible (a) rights associated with works of
<br />authorship throughout the world including, but not limited to, copyrights, moral
<br />rights and mask - works, (b) trademark and trade name rights and similar rights,
<br />(c) trade secrets rights, (d) patents, designs, algorithms and other industrial
<br />property rights, (e) all other intellectual and industrial property rights of every
<br />kind and nature throughout the universe and however designated, whether arising
<br />by operation of law, contract, license, or otherwise, and (f) all registrations, initial
<br />applications, renewals, extensions, continuations, divisions or reissues hereof now
<br />or hereafter in force (including any rights in any of the foregoing) of such person.
<br />1.6 "Hearing Officer" means an individual designated by the City to administratively
<br />adjudicate violations of the Ordinance.
<br />1.7 "Law Enforcement Officer" means an individual licensed as a Law Enforcement
<br />Officer by the Texas Commission on Law Enforcement Officers, including a
<br />peace officer, as defined under Article 2.12, Texas Statutes, Code of Criminal
<br />Procedure.
<br />1.8 "Notice of Violation" means the notice of a School Bus Stop -Arm Violation,
<br />which is mailed or otherwise delivered by a Law Enforcement Officer to the
<br />violator in respect to each School Bus Stop -Arm Violation
<br />1.9 "Potential Violation" means a potential School Bus Stop -Arm Violation, which is
<br />documented in Violation Data that is subject to review and determination by a
<br />Law Enforcement Officer in accordance with the Ordinance.
<br />1.10 "Proprietary Property" means, with respect to any person, any written or tangible
<br />property owned or used by such person in connection with such person's business,
<br />whether or not such property is copyrightable or also qualifies as Confidential
<br />Information including, without limitation, products, samples, Equipment, files,
<br />lists, books, notebooks, records, documents, memoranda, reports, patterns,
<br />schematics, compilations, designs, drawings, data, test results, contracts,
<br />agreements, literature, correspondence, spreadsheets, computer programs and
<br />3
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