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`POST REGlS_TR.ATlON REVIEW WORKSHEET
`
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`Data
`‘
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`.
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`all Inlonnluon In the dnubuo Inuchod the Information II II: III: and lo corrections were
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`INSTRUCHONS:
`
`II‘ the Iolornuuol ll Ilodanhnoo does not much thchtorunlon tn the Illa, the reviewer should check the
`ERROR coimnl. Altereorncuon
`the EDITED column Ihnld becleclred. RETAIN IN FILE
`
`[amt-$1 nor oun u n re aw =- n amenmen 2
`Mark: Word
`Drawing Code____ New Drawing: Yesw:
`:_mI Mark Type:
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`11 Regtsten
`- Amended Register
`- Prime Classificatonz
`Active
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`Date Register Amended:
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`t
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`T Class Status Date:
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`Reclassify__A so
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`E Correspond~~a‘e: Name
`‘
`E Domestic? >
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`E Certification of Correction Statement:
`Registrant:
`__ Name
`_
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`__Entltv Type?
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`'
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`TEXT EDrI' -
`
`-A
`
`-A text editing guidelines.
`A
`
`_J
`
`DATE
`
`

`
`UNITED STA""=Ԥ DEPARTMENT OF COMMERCE
`Patent and '
`Iemark Office
`ASSISTANT COMMISSIONER FOR TRADEMARKS
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`REGISTRATION NO.
`
`1561958
`
`SERIAL No. 73/773261
`
`MARK! CLEARACCESS
`
`REGISTRANT: STERLING SOFTWARE INC
`
`CORRESPONDENCE ADDRESS:
`STANLEY w SOKOLOFF
`BLAKELY SOKOLOFF TAYLOR 8! ZAFMAN
`12400 WILSHIRE
`FL
`
`PAPER NO.
`MAILING DATE: 05/30/97
`
`§nIe;;eCg;;i;»:°;g:n;:!lowing
`'
`I K,.‘Z.?_2f§°$£e"%'}“liES23._E,'§ °°"e'
`. Affidavit-Renewal Examiner's name.
`. Mark all correspondence to the
`attention of "PRU" using the above
`address.
`. Registration No.
`
`RECEIPT IS ACKNOWLEDGED OF THE SUBMITTED REQUEST UNDER:
`
`SECTION 8 OF THE TRADEMARK STATUTE AND 37 CFR SECS. 2.161-2.166.
`
`SECTION 15 OF THE TRADEMARK STATUTE AND 37 CFR SECS. 2.167-2.168.
`
`YOUR REQUEST FULFILLS THE STATUTORY REQUIREMENTS AND HAS BEEN ACCEPTED.
`
`FRANCES A. PFOHL
`AFFIDAVIT-RENEWAL EXAMINER
`TRADEMARK EXAMINING OPERATION
`(703) 308-9500 EXT. 127
`
`

`
`Date: March 25, 1997 Time: 2:25
`
`To: Karen Feisthamel
`
`Left message to return call on
`
`Spoke to:
`
`Attorney Docket No.:
`
`Registration No
`
`Telephone No. 310-207-3800
`
`I can accept the affidavit based
`Reason: Told her we received the faxed declaration.
`on the affidavit, but I will have to issue the notice in the last recorded name. Asked if
`they had heard anything regarding the November submission to the Assignment
`Branch.
`
`Results of call: She will check.
`
`4/18/97 - They refiled the change of name on March 26, 1997.
`
`

`
`telephone communication
`
`Date:
`
`[:1 }c7 3
`
`Time:
`
`Q 5 L5
`
`Tol-From-.—
`
`._ I _,__
`
`.
`
`,A J Jr __A ,1
`
`Left message to return call on :
`
`Spoke to:
`
`Attorney Docket No.:
`
`Area Code: 3 [Q
`
`Telephone No.
`
`Results of call
`
`

`
`gwmwa
`
`g um: 21 1993
`,3
`‘s.
`‘SW7: TI=inIDE““§*
`
`;;
`
`79%“-7*UCE9 fF0#c/
`
`fly/(
`
`k
`I
`.2
`THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`In re Trademark Registration of:
`
`STERLING SOFTWARE, lNC.
`(a Delaware Corporation)
`
`Registration No. 1,561,958
`
`Registered October 24, 1989
`
`Mark: CLEARACCESS
`
`\./\J\./\/g/\./\/\/Q
`
`I
`
`Affidavit /Renewal Examiner
`
`Post Registration Division
`
`RESPONSE TO OFFICE ACTION
`
`Box POST REGISTRATION
`NO FEE
`Assistant Commissioner for Trademarks
`
`2900 Crystal Drive
`Arlington, VA 22202-3513
`
`Dear Sir:
`
`This letter is in response to the Office Action mailed May 17, 1996, in connection
`
`with the above~referenced registration.
`
`The Examiner has withheld acceptance of the Combined Section 8 and 15
`
`Declaration submitted September 15, 1995, pending clarification of the chain of title to
`
`the registration. More specifically, the Examiner has requested an explanation as to the
`
`transfer of the title of the registration from United Networks, Inc., to Clearaccess
`Corporation. The Examiner has further requested evidence showing transfer of the
`
`registration from Knowledgeware, Inc., to the present claimant, Sterling Software, Inc.
`
`The Examiner has stated that ownership of the registration may be established by
`
`081312.T047
`
`SWS/ KLF/bdc
`
`

`
`recording the appropriate documents with the Assignment Branch of the United States
`
`Patent and Trademark Office (”PTO”), and notifying the Examiner that the documents
`
`have been filed, or by submitting proof of the transfer of title.
`
`On October 24, 1989, the above-referenced registration issued to United
`
`Networks, Inc., an Iowa corporation. Thereafter, United Networks,gIgnc.g changed its
`
`name to Clearaccess Corporation, an Iowa corporation. This change is evidenced both
`by the Securit
`0869, Frame No. 0921, granted to Iacquesmlv
`Mansour by Clearaccess Corporation, d/b/a/ formerly known as United Networks,
`'
`w;iilg;l the’d§;q1g{;;{£ii;i;;£1lti£{;;1‘);; trgcoiagigagg aélsggumyecinieiege‘gwgaf
`Clearaccess Corporation, formerly known as United Networks, Inc., recorded at Reel
`No. 1175, Frame No. 243. (A copy of this Release reciting the name change is attached
`
`herewith as Exhibit A.)
`
`On June 6, 1994, Clearaccess Corporation assigned the above-referenced
`
`registration to Knowledgeware, Inc., a Georgia corporation. This assignment was
`
`recorded with the PTO at Reel No. 1186, Frame No. 117. (A copy of the assignment is
`
`attached herewith as Exhibit B.)
`
`On November 30, 1994, Knowledgeware, Inc., changed its name to Sterling
`
`Software (Southern), Inc., a Georgia corporation. (A copy of the Second Restated
`
`Articles of Incorporation of Knowledgeware, Inc., recorded with the Georgia Secretary
`
`of State is attached herewith as Exhibit C.) The document is also being recorded with
`
`the PTO. Sterling Software (Southern), Inc., is a wholly owned subsidiary of Sterling
`
`Software, Inc., a Delaware corporation, the present claimant. Sterling Software
`
`081312.TO47
`
`SWS/ KLF/bdc
`
`

`
`(Southern), Inc., transferred by oral agreement all rights, title and interest in and to the
`
`trademark CLEARACCESS and Registration No. 1,561,958, along with the good will
`
`associated therewith, to its parent company, Sterling Software, Inc. Accordingly,
`
`ownership of the registration is properly in the name of claimant, Sterling Software, Inc.
`
`It is respectfully submitted that in View of the foregoing, the title in the mark and
`
`registration is in the name of Sterling Software, Inc., and the submitted Combined
`
`Section 8 and 15 Declarations should be accepted.
`
`If the Examiner has any further questions regarding this matter, she is urged to
`
`telephone the undersigned attorney.
`
`Respectfully submitted,
`
`BLAKELY, SOKOLOFF, TAYLOR 8: ZAFMAN, LLP
`
`Dated:l\lf)\}. I5 [4402
`
`jfizmug éghjflgmg (2
`
`Karen L. eisthamel
`
`12400 Wilshire Boulevard
`Seventh Floor
`
`Los Angeles, California 90025
`(310) 207-3800
`
`FIRST CLASS CERTIFICATE OF MAILING
`(37 C.F.R. § 1.8(a) )
`
`I hereby certify that this correspondence is bein deposited with the United
`States Postal Service as First Class mail, in an enve ope addressed to: Box: POST
`REGISTRATION, NO FEE Asst. Commissioner for Trademarks, 2900 Crystal
`Drive, Arlington, VA 22202-3513, on: November 18, 1996
`
`amazwm
`Name: Nedy C deron
`
`/I/ %
`Date
`
`081312.T047
`
`SWS/ KLF/bdc
`
`

`
`ALL—STATE LEGAL SJPPLVCD.,
`
`I-Xw0—222~'J5‘lE|
`
`EDII
`
`RECYCLED
`
`

`
`1175/0242
`
`JULY 27 , 1994
`
`'
`
`.. aw
`
`'
`
`_
`
`UNITED STA 5 DEPARTMENT OF COMMERCE
`Patent and Trademark Office
`
`OF PATENT AND
`ASSISTANT ésEcnET1gRra;DzEnl¢|t3Qggg/IMISSIGNER
`Washington. D.C. 20231
`
`TO:
`
`ISAF
`LOUIS T.
`6190 POWERS FERRY ROAD
`SUITE 550
`ATLANTA, GA
`
`30339
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`NOTICE OF RECORDATION OF ASSIGNMENT DOCUMENT
`
`THE ENCLOSED DOCUMENT HAS BEEN RECORDED BY THE ASSIGNMENT BRANCH OF THE
`U.S. PATENT AND TRADEMARK OFFICE.
`A COMPLETE MICROFILM COPY IS AVAILABLE
`AT THE U.S. PATENT AND TRADEMARK OFFICE ON THE REEL AND FRAME NUMER
`REFERENCED BELOW.
`
`THE INFORMATION
`PLEASE REVIEW ALL INFORMATION CONTAINED ON THIS NOTICE.
`CONTAINED ON THIS RECORDATION NOTICE REFLECTS THE DATA PRESENT IN THE
`TRADEMARK ASSIGNMENT PROCESSING SYSTEM.
`IF YOU SHOULD FIND ANY ERRORS OR
`QUESTIONS CONCERNING THIS NOTICE, YOU MAY CONTACT THE EMPLOYEE WHOSE NAME
`APPEARS ON THIS NOTICE AT 703-308-9723.
`PLEASE SEND REQUEST FOR CORRECTION
`TO:
`U. S. PATENT AND TRADEMARK OFFICE, ASSIGNMENT BRANCH, NORTH TOWER
`BUILDING, SUITE lOC35, WASHINGTON, D.C. 20231.
`
`ASSIGNOR:
`CLEARACCESS CORPORATION
`
`ENTITY
`
`:
`
`CORPORATION
`
`ASSIGNEE:
`INC.
`KNOWLEDGEWARE,
`3340 PEACHTREE ROAD 9TH FLOOR
`ATLANTA, GA 30326
`ENTITY 2
`CORPORATION
`
`BRIEF:
`RELEASE OF SECURITY INTEREST
`
`NO. OF PAGES
`
`REEL/FRAME
`
`:
`
`:
`
`008
`
`1175/0242
`
`: O6/O7/1994
`DOC DATE
`CITIZENSHIP :
`IOWA
`
`CITIZENSHIP : GEORGIA
`
`DATE RECORDED
`
`:
`
`06/24/1994
`
`APPLICATION NUMBER :
`REGISTRATION NUMBER:
`
`73-778261
`1561958
`
`:
`FILING DATE
`REGISTRATION DATE:
`
`02/02/1989
`10/24/1989
`
`CLEARACCESS
`MARK:
`DRAWING TYPE: WORDS, LETTERS, OR NUMBERS IN TYPED FORM
`
`

`
`1175/0242 PAGE
`
`2
`
`5 ;- //‘/[;”91€/
`
`/~='
`
`ER/PARALEGAL
`SSIGNMENT BRANCH
`ASSIGNMENT/CERTIFICATION SERVICES DIVISION
`
`

`
`+0nM PIC-1594
`inez. 6-93)
`
`§RF' DRDATIQN r=oaM COVER 3»
`TRADEMAH KS ONLY
`
`‘ET
`
`V
`
`US. DEPARTMENT OF COMMERCE
`Patent and Trademark Otiice
`
`Y
`
`Y
`
`._/-
`
`i>iame oi conveying party(ies):
`
`ClearAccess Corporation
`
`* '/Cfliflame and address oi receiving party(ies)
`Name: Knowledgeware,
`Inc.
`
`internal Address:
`
`.
`
`I.’
`
`Cl ASS0Ciaii0"
`A A9 Limited Partnership
`‘-.
`
`D individuai(s)
`,-ti.) Genera! Partnership/,_,
`Corporation-State
`"
`Other
`Additional nameis) oi conveying pariyiies) attached? 0 Yes D No
`i(/ 3./Nature oi conveyance:
`_.\
`X1 Assignment
`D Security Agreement
`Other
`~?EL.E»+s'«:'.
`cw‘
`
`\_/‘I
`
`I:l/
`
`'
`
`Ct Change oi Name
`»<.~'5«3.m:/ '1" I; -.—r3izF-7,"
`
`sg,eeiAddres5; 3340 Peachtree Road 9th Floor
`|
`City: Atlan ta
`
`CA
`
`ZIP: 39326
`
`State:
`
`I
`.
`.
`.
`.
`D mdmdua (S) cmzensmp
`Cl Association
`C] General Partnership
`/3 Cl Limited Partnership
`/' Cl Corporation-State
`U Om”
`ii asslguee is not domiciled in the United States. a do eslir: represelative designation
`is attached:
`0 Yes
`No
`
`.
`
`5
`
`(Designations must be a separate document irom assignment)
`Additional name(s) 8- address(es) attached‘? 0 Yes A1 No
`
`
`
`}iHVi3UVHA-- ml
`
`1/ N Enclosed
`\ Ct Authorized to be charged to deposit account
`
`Ziliilli9
`
`Ekecution Date:
`
`June 7 ’
`
`Vi Application number(s) or patent number(s):
`
`A. Trademark Application No.(s)
`
`B. Trademark Registration No.(s)
`
`L
`
`..—\
`Additional rrumbérsLt1ached? D Yes % No
`5. Name an /‘address oi party to whom correspondence
`./‘Total number of applications and
`I
`concerning document should be mailed:
`/.
`
`1,561,958
`
`“Name:
`
`,‘
`
`Louis T. Isaf
`
`1’-0- BOX 720601
`
`Atlanta Geor
`
`‘a
`
`-
`
`internal/Address:
`
`1I
`i
`
`ii
`i
`sueelkddress:
`
`6190 Powers Ferry Road
`
`Sui te 55 0
`
`8. Deposit account number:
`
`2
`
`City; A\E1a’nta
`
`State: CA
`
`ZIP: 30339
`
`(Attach duplicate copy oi this page it paying by deposit account)
`
`DO NOT USE THIS SPACE
`
`8
`
`O 5 8
`
`It
`
`‘
`.
`Statement and signature.
`To the best of my knowledge and belief, the foregoing infonngtizg{'5 true arggcqgegtand any attached copy is a true copy of
`°"i7(i'5aIR°i5°°6’§'}e1'i"/94 1561953
`'
`'— " "
`
`ature
`V,
`Total number at pages including cover sheet. attachments, and document:
`
`4gz3g9’;/
`H Date
`°
`
`'1
`(_
`:_.’
`1
`.7,,’;3//'17‘.
`/=
`/
`Name oi Person Signing
`
`Mall documents to be recorded with required cover sheet information to:
`Commissioner oi Patents 8. Trademarks, Box Assignments
`Washington. D.C. 2023 i
`
`

`
`RELEASE
`
`THIS RELEASE is made this
`Jacques Mansour ("Mansour").
`
`M
`”
`
`day of
`
`M*)€-
`
`BACKGROUND:
`
`Mansour has previously loaned Gerald Caussade, an individual
`resident of
`the state of
`Iowa
`("Caussade")
`and ClearAccess
`Corporation, an Iowa corporation formerly known as United Networks,
`Inc.
`("CLA") approximately $910,000 (the "Indebtedness").
`The
`Indebtedness was entered into, and evidenced, secured or perfected
`by, bmwafia, the following: (i) an agreement dated November 1, 1991
`by and among Mansour, Caussade and CLA;
`(ii) a note from CLA to
`Mansour in the amount of $40,300 dated November 1, 1991; (iii) an
`Assignment for Security Purposes dated November 1, 1991 filed at
`reel 0869, frame 922 of the records of the United States Patent and
`Trademark Office which
`relates
`to the mark
`"CLEARACCESS",
`Registration Number 1,561,958 (the "Trademark Filing"); (iv) a UCC—
`1 Financing Statement filed on May 18, 1992,
`item number K361635;
`and (v) an Assignment for Security Purposes dated November 1, 1991
`filed at volume 2773, pages 252-254 of the records of the United
`states Copyright Office which relates to the software program known
`as ClearAccess, Registration Number TXU 406 352 (the "Copyright
`Filing")
`(items (i) through (V) above may be collectively referred
`to hereinafter as the "Loan Documents"). Pursuant to certain of the
`Loan Documents, Caussade,
`CLA and FFS have granted Mansour' a
`security interest
`in certain property of CLA and its partially
`owned subsidiary, Fairfield software,
`Inc., an Iowa corporation
`("FPS"). All security interests, assignments as or for securitjg
`liens, encumbrances, charges or claims or any other interest for
`the purpose of securing the Indebtedness, or any part
`thereof%
`which may have arisen or been created in favor of Mansour pursuan~*
`to any of the Loan Documents, or otherwise, and any other interestft
`however arising, which Mansour now or has ever had in the Purchased
`Assets (as hereinafter defined)
`is hereinafter referred to as the
`"security Interest".
`
`Pursuant to that Purchase Agreement dated May 26, 1994 by and
`among CLA,
`FFS, Caussade
`and Knowledgeware,
`Inc.,
`a Georgia
`corporation ("KWI")
`(the "Purchase Agreement"),
`CLA,
`FFS and
`Caussade have agreed to sell certain of the asse
`to KWI.
`Such assets are further defined in the Purchase Agreement
`and referred to therein and herein as the Purchased Assets.
`
`the Purchased
`for CLA, FPS and Caussade to sell
`In order
`Assets,
`such parties must first obtain the release of Mansour's
`security interest in the Purchased Assets.
`
`9*1am9L:um
`
`

`
`in consideration of one dollar ($1.00), and
`NOW, THEREFORE,
`for other good and valuable consideration,
`the receipt and legal
`sufficiency of which is hereby acknowledged by Mansour, Mansour
`hereby agrees as follows:
`
`the date hereof, Mansour does
`Effective on
`A.
`hereby
`To the
`irrevocably release and extinguish the Security Interest.
`extent
`that Mansour has or has ever had any Security Interest
`"(including without limitation any kind of interest in the Purchased
`Assets) which is not fully and completely released by the foregoing
`sentence ("Unreleased Interest"), then Mansour does hereby assign,
`transfer and convey unto CLA all of his right, title and interest
`in and to the Unreleased Interest. Without limiting the generality
`of
`the foregoing,
`it is the express intent and purpose of
`the
`preceding two sentences that all interest in the Purchased Assets
`that may have arisen at any time in favor of Mansour in connection
`with the Copyright Filing and the Trademark Filing be released
`and/or assigned to CLA.
`
`B. Mansour shall execute and deliver to KWI, on the date
`hereof,
`in form acceptable to KWI,
`such Uniform Commercial Code
`Termination Statements as are necessary or desirable to release the
`Security Interest, and shall take such other actions and execute
`such instruments, as KWI may from time to time deem necessary or
`desirable,
`to release
`the Security Interest
`and otherwise
`accomplish the purposes hereof,
`including but not limited to,
`the
`execution of any additional Uniform Commercial Code Termination
`Statements and any documents required to be filed with the United
`States Copyright Office and the United States Patent and Trademark
`Office.
`
`This Release shall be binding upon Hansour, his estate,
`C.
`and each of his other successors and assigns. This Release shag;
`inure to the benefit of CLA and KWI and each of their successogs
`:4_.~
`and assigns.
`
`Hansour acknowledges and agrees that kw: is relying updfi
`D.
`the grant of this Release by Mansour
`to enter into any and all
`necessary or desirable documents with CLA, FPS and Caussade to
`provide for the sale, assignment and/or transfer of the Purchased
`Assets to KWI.
`
`*1“1Z3';Ii";"‘:_~?iSL|H3331
`
`This Release is not and shall not be construed as a
`E.
`satisfaction of
`the Indebtedness.
`KWI
`,does not
`assume
`the
`Indebtedness and has no obligation to pay the Indebtedness.
`In the
`event
`the Indebtedness or any portion thereof is not paid, KWI
`shall not be liable for any portion thereof and Mansour shall have
`no recourse or claim against either KWI or the Purchased Assets.
`
`

`
`F. Mansour hereby warrants,
`follows!
`
`covenants and represents as
`
`is
`Indebtedness
`the
`of
`balance
`present
`The
`1.
`inclusive of all principal and interest. Hansour is
`$¢y4h7DOflD0,
`owed no amounts other than the Indebtedness by any of such parties
`and he has no claim or interest in and to the Purchased Assets,
`other than as may arise pursuant to certain of the Loan Documents,
`No event of default has arisen
`‘which interest is released hereby.
`pursuant to the Loan Documents, or any of them, or otherwise, which
`has not been cured or waived by Hansour.
`If any such event of
`default has not been previously cured or waived by Mansour, such
`event of default
`is hereby waived by him.
`No acceleration of
`payment of
`any amounts owed to Mansour pursuant
`to the Loan
`Documents, or any of them, has occurred.
`No event of default has
`occurred which, pursuant to the Loan Documents, or any of
`them,
`would give rise to an acceleration of payment of any amounts owing
`under the Loan Documents which has not been either cured or waived
`by Mansour.
`
`2. Mansour has full power and authority to execute and
`deliver this Release and to consummate the transactions contem-
`plated hereby. This Release is effective to release the Security
`Interest and all of Mansour's right, title and interest in and to
`the Purchased Assets.
`The execution and delivery of this Release
`and the consummation of the transactions contemplated hereby have
`been legally, duly and validly authorized by Mansour,
`in accordance
`with Iowa and all other applicable laws, and no other proceedings
`on the part of Mansour are necessary to authorize this Release or
`to consummate the transactions so contemplated.
`This Release
`constitutes a valid and binding agreement of Mansour, enforceable
`against him in accordance with its terms.
`
`No filing with, and no permit, authorization, cons
`3.
`sent or approval of, any person, organization or entity, including?
`but not
`limited to, any government, public body or authority ta
`necessary for the consummation of the transactions contemplated by
`this Release. Neither the execution and delivery of this Releasé
`by Mansour, nor the consummation by Hansour of the transaction§
`contemplated hereby nor compliance by Hansour with any of
`the
`provisions hereof will
`(a) result in a violation or breach of, or
`constitute (with or without due notice or lapse of time or both) a
`default by way of substitution, novation or otherwise (or give rise
`to any right of termination, cancellation, material modification or
`acceleration) under, any of the terms of any note, bond, mortgage,
`indenture,
`license, contract,
`agreement or other
`instrument or
`obligation to which Mansour is a party or by which Mansour may be
`bound or (b) violate any order, writ,
`injunction, decree, statute,
`treaty, rule or regulation applicable to Mansour.
`
`Sfi&KHSLl|Efl
`
`

`
`the
`is the holder of the Loan Documents,
`4. Mansour
`holder of the Indebtedness and the security Interest. Mansour has
`not
`assigned,
`pledged,
`conveyed,
`hypothecated, mortgaged,
`transferred, or granted a security interest in the Loan Documents,
`the Indebtedness,
`the Security Interest, or any of them.
`
`This instrument in all respects shall be governed by the
`G.
`laws of the State of Georgia.
`
`REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
`
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`IN WITH”??? WINNIE”,
`58 Ofl the daY and Year first nbnvn wr1ffnn_
`j;
`.2
`,
`
`Sworn and subscribed 0 me by Jacques Manaour, who personaI?§
`BPP9$r°d bflfore me th{s 2% day of June, 1994, and 9tated_that 7-
`ia the individual state a ova nnd niqned this as his vu1untury ‘
`and deed.
`
`'
`
`_;;.,_
`
`Q3‘
`
`‘H
`
`H3VH3OVHl
`
`Acknowledged and agreed to
`'by:
`
`Ciaarhoonsa Corporation, an Iowa corporatiuu
`
`.
`-
`By: ___r.
`Gerald Cuussade, President
`
`Fairficld aoftwure, Inc., an Iowa corporation
`
`W
`BY=
`Gerald Cauuuade, President
`
`Gerald Caussade,
`
`individually
`
`_______
`By: ___._________A
`Gerald Cauasadc, 3ndividua11y
`
`Kflownzocawans, 1NC.
`
`§¥é1e:
`
`

`
`IN WITNESS wuzaaor, thd undaxsignod hnvd executed thii Raloouc
`no or the day and your first abové written.
`
`Jacques Hangout
`
`By:
`
`Jacques Hangout
`
`sworn and nubocribad to me by Jacquei nanooux, who péruonally
`appeared before as this
`day of June, 1994, and statod_that he
`is the individual Itatud'§B6vo and signed this as his voluntary éct
`and deed.
`
`Nofary PuBIIc In Efia sEaEa of
`
`Acknowledged and agreed to
`by:
`
`cloarhccons corporation, an Iowa corporfitlon
`(9%
`“
`‘
`3Y*
`\.A
`Gerald causaodo, Proaidont
`
`rairfield software, Inc., an Iowa corporation
`
`’"
`€3
`By:
`Gerald Caucsade, Pteaident
`
`“L71
`
`Gerald caussado,
`
`individually
`
`By:
`
`Gerald Cnussada,
`
`.¢
`individually
`
`KNOWLEDGEWARE.
`
`INC.
`
`By:
`Title:
`
`HHVHBUVHL
`
`

`
`IN WITNESS WHEREOF, the undersigned have executed this Release
`as of the day and year first above written.
`
`Jacques Mansour
`
`By:.__________i_________________
`Jacques Mansour
`
`Sworn and subscribed to me by Jacques Mansour, who personally
`appeared before me this
`day of June, 1994, and stated that he
`is the individual stated above and signed this as his voluntary act
`and deed.
`
`Notary Public In the State of
`
`Acknowledged and agreed to ‘
`by:
`
`Clearnocess Corporation, an Iowa corporation
`
`By:
`Gerald Caussade, President
`
`ufairfield software, Inc., an Iowa corporation
`
`By:
`Gerald Caussade, President\
`
`Gerald Caussade,
`
`individually"
`
`By:
`
`Geraldiéaussade,dindividuallyt
`AKNOWLEDGEWARE;
`INC.
`‘
`
`?t:.:>;=w3nv81dtAg"
`
`

`
`ALL-STATELEGALSUPPLVOCL,
`
`I-am-222-nsm
`
`sun
`
`R
`
`YCLED
`
`

`
`118 5/0117
`
`.
`
`AUGUST 12. 1994
`
`TO:
`
`ISAF
`LOUIS T.
`6190 POWERS FERRY ROAD
`STE. 550
`ATLANTA, GA 30339
`
`UNITED STA. -5 DEPARTMENT OF COMMERCE
`Patent and Trademark Office
`3:S:.a::~::E°“5*¢:zD2wa22yM'sS'°~E“
`N
`AN
`Washington. 03. 2023+ ~
`
`UNITED STATES PATENT AND TRADEMARK OFFICE
`NOTICE OF RECORDATION OF ASSIGNMENT DOCUMENT
`
`THE ENCLOSED DOCUMENT HAS BEEN RECORDED BY THE ASSIGNMENT BRANCH OF THE
`U.S. PATENT AND TRADEMARK OFFICE.
`A COMPLETE MICROFILM COPY IS AVAILABLE
`AT THE U.S. PATENT AND TRADEMARK OFFICE ON THE REEL AND FRAME NUMBER
`REFERENCED BELOW.
`
`THE INFORMATION
`PLEASE REVIEW ALL INFORMATION CONTAINED ON THIS NOTICE.
`CONTAINED ON THIS RECORDATION NOTICE REFLECTS THE DATA PRESENT IN THE
`TRADEMARK ASSIGNMENT PROCESSING SYSTEM.
`IF YOU SHOULD FIND ANY ERRORS OR
`QUESTIONS CONCERNING THIS NOTICE, YOU MAY CONTACT THE EMPLOYEE WHOSE NAME
`APPEARS ON THIS NOTICE AT 703-308-9723.
`PLEASE SEND REQUEST FOR CORRECTION
`TO:
`U. S. PATENT AND TRADEMARK OFFICE, ASSIGNMENT BRANCH, NORTH TOWER
`BUILDING, SUITE 10C35, WASHINGTON, D.C. 20231.
`
`ASSIGNOR:
`CLEARACCESS CORPORATION
`
`ENTITY
`
`:
`
`CORPORATION
`
`ASSIGNEE:
`
`INC.
`KNOWLEDGEWARE,
`TOWER PLACE, NINTH FL.
`3340 PEACHTREE ROAD, N.E.
`ATLANTA, GA 30326
`ENTITY
`:
`CORPORATION
`
`-
`
`’
`
`DOC DATE
`CITIZENSHIP
`
`. 06/06/1994
`IOWA
`
`CITIZENSHIP . GEORGIA
`
`BRIEF:
`ASSIGNS THE ENTIRE INTEREST AND THE GOODWILL
`
`NO. OF PAGES
`
`REEL/FRAME
`
`:
`
`2
`
`003
`
`1186/0117
`
`DATE RECORDED
`
`:
`
`07/15/1994
`
`APPLICATION NUMBER :
`REGISTRATION NUMBER:
`
`73-778261
`1561958
`
`:
`FILING DATE
`REGISTRATION DATE:
`
`02/02/1989
`10/24/1989
`
`CLEARACCESS
`MARK:
`DRAWING TYPE: WORDS, LETTERS, OR NUMBERS IN TYPED FORM
`
`

`
`1186/0117 PAGE
`
`2
`
`,%nJ2%%»dA/
`
`EXAMINER/PARALEGAL
`ASSIGNMENT BRANCH
`
`ASSIGNMENT/CERTIFICATION SERVICES DIVISION
`
`

`
`1
`.3 FOHM-!‘iJ..9:is§i -*7 ' "’»=‘?‘*
`j (Rev. 5-93)
`»
`:2.
`2
`, .
`A
`~
`- W
`_§OMB Ntfigssti taxpfiisa)
`'
`E
`_Tat.LsE11i"9S"P =~*=' -* 2" "
`
`.
`
`F‘
`
`/vi
`
`1
`
`')OFiDATl0N FQBM COVER 9 '=_ET
`TRADEMARKS ONLY
`V
`V
`
`V
`
`7
`
`U-S-Derggggtggggggeggpggggg
`
`V
`
`'7
`
`To the Honorable Commissioner of Patents and Trademarks: Please record the attached original documents or copy thereot.
`
`(Q:Name ofconveying party(ies):
`
`ClearAccess Corporation
`
`ame and address oi receiving party(ies)
`
`Name: Knowledgeware ,
`
`Inc .
`
`0 Association
`D |ndividual(s)
`D Limited Partnership
`D General Partnership
`N Corporation-State .7005’ 0?:
`.174 »
`D Other
`
`SW3, Addmss:
`|
`City: Atlanta
`
`Tower Place» Ninth F1001’
`3350 Peacfitree Road, N.E.
`State:
`CA
`ZlP30326
`
`Internet Address:
`
`Additional name(s) olconveylng party(les) attached? 0 Yes D No
`@Nature of conveyance:
`M Assignment
`Cl Security Agreement
`C] other
`
`D Merger
`D Change of Name
`
`D lndmduaus) cmzensmp
`Cl Association
`D Gefleial Partnership
`D Limited Partnership
`X C°W'31i°W5mte “
`0 Om”
`tic represetative dfiiation
`ii assignee is not domiciled in the United Smtes, a
`No
`""‘
`is attached:
`0 Yes
`,
`_
`(Designations must be a separate document irom assignment)
`Execuhon Date‘ ——-——————— Additional name(s)& address(es) attached? El Yes
`No
`Cifpplication number(s) or patent number(s):
`A. Trademark Application No.(s)
`
`HUVl~i:UV8l
`
`LlHllVllJ9iIll
`
`B. Trademark Registration No.(s)
`
`1,561,958
`
`"
`
`Additional numbers attached? D Yes -‘I No
`
`( é.“/AName and address ofpartyto whom correspondence
`
`concerning document should be mailed:
`
`@TOia| numberofapplications ‘and;
`
`registrations involved: ...............
`,
`
`. _
`
`_A
`
`_
`
`......
`\
`
`...... ..
`
`Name:
`
`internal Address:
`
`@TotaI fee (37 CFR 3.41)....§§§.....s
`
`40- 00
`
`X Enclosed
`
`D Authorized to be charged to deposit account
`
`s"eetAdd,esS:
`
`6190 Powers Ferry Road
`
`6) Deposit account number:
`
`City: At] anta
`
`State: _,3A_ZlP: 3033
`
`170 KJ 07/29/94 1561958
`tatement and signature.
`To the best of my knowledge and beliel, the foregoing information is true and correct and any attached copy is a tme copy of
`the original document.
`
`c
`
`.
`
`(Attach duplicate copy of this page it paying by deposit account)
`Do NOT use mus SPACE
`0 481
`40.00 UK
`
`1
`
`L19;//5 T fix»: _ .
`Name of Person Signing
`S‘
`we
`@
`
`Total number oi pages lnciuding cover sheet. attachments, and document:
`
`3
`
`é/23 fgzi
`Date
`
`MaiI documents to be recorded with required coversheet information to:
`Commissionerot Patents 8. Trademarks, Box Assignments
`Washington, no 20231
`
`

`
`ASSIGNMENT OF REGISTERED TRADEMARK
`
`ASSIGNMENT
`
`WHEREAS, ClearAccess Corporation, an Iowa corporation ("OLA"),
`having its principal offices at 200 West Lowe, Fairfield,
`Iowa
`52556, has adopted, used,
`is using and is the owner of
`the
`following trademarks now registered in the United States Patent and
`Trademark Office:
`
`Date of
`
`Trademark
`
`Registration No.
`
`Registration
`
`CLEARACCESS
`
`1,561,958
`
`October 24, 1989
`
`corporation
`a Georgia
`Inc.,
`Knowledgeware,
`WHEREAS,
`("Knowledgeware"), having its principal offices at Tower Place,
`Ninth Floor, 3340 Peachtree Road, N.E., Atlanta, Georgia 30326, is
`desirous of acquiring said registered trademarks,
`
`in consideration of the sum of Thirty Dollars
`NOW, THEREFORE,
`($30.00) and other good and.valuable consideration, the receipt of
`which is hereby acknowledged, CLA hereby assigns to Knowledgeware
`.all right, title and interest in the United states in and to said
`trademarks together with the goodwill of the business symbolized by
`said trademarks and registrations thereof.
`
`~Signed at
`of ~
`
`‘
`
`i
`, 1394.
`
`, this
`
`é s//I
`_..___:____ day
`
`CLEARACCESS CORPORATION
`
`By:
`
`Gerald Caussade, Pre id nt
`
`‘.;":"‘u’i981H333
`
`8H
`
`

`
`state of
`County of
`
`, 1994
`%;3ogJ,
`On this _fiZgg____ day of
`personally appeared Gerald Caussade, to me known and known to me to
`
`be President of C1earAccess Corporation,
`
`the assignor above named,
`
`and acknowledged that he executed the foregoing Assignment on
`
`behalf of said assignor and pursuant to authority duly received.
`
`KAREN A. RUBEY
`!I ' u1I‘.'.i.‘JlSSl0N EXPIRES
`"
`r
`
`K:\42275.KW\9425!\DOCS\TM-ASGMT.FF!M
`
`JUL 1 S 91;
`
`‘_.__.,-..'1._‘.',
`-.
`’
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`UFFICE
`
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`
`

`
`

`
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`
`axnnuxnu LLUAL
`
`9ww pjnnch; gunghurr
`
`.yUU‘
`
`§zn:1-etarg at $1312
`(flurpuratinns Bwisirm
`Suite 315. West flame:
`2 flfiartixt Euther King 31:. Er.
`-
`-
`Atlanta, fienrgta 30334 1531.1
`
`\,¢
`
`“°" 12 '95 ”3‘19'°"‘
`
`DOCKET NUHBER :
`CONTROL uunssa:
`Erremvs ans:
`REFERENCE
`mm‘ DATE
`FORM NUMBER
`
`91.33593“
`35135“
`ll/3°/'99“
`00.5
`12/‘W ‘99‘*
`Elk
`
`.
`
`Ill
`CHARLES E. WILSON;
`HICKS. HALOOF 5 CAflPBELL
`285 PEACHTREE CENTER AVE. #2200
`ATLANTA GA
`30303-123!»
`
`CERTlFlCkTE OF RESTATED ARTICLES HITH NAHE CHANGE
`
`the State
`I, MAX CLELAHD. Secretary of State and the Corporation Commissioner of
`of Georgia, do hereby certify under
`the seal of my office that
`the articles of
`inoorporation of
`
`INC.‘
`KNOHLEDGEUARE.
`A DOHESTIC PROFIT CORPORATION
`
`have been duly restated and amended and the corporate name changed to
`
`STERLING SOFTHARE (SOUTHERN). me.
`
`the Secretary of State
`in the office of
`by the filing of articles of restatement
`and by the paying of fees as provided by Title lk of
`the official Code of Georgia
`Annotated.
`Attached hereto is
`a
`true and correct
`copy of
`said artlcles of
`restatement.
`
`WITNESS my hand and official seal
`on the date set forth above.
`
`in the City of Atlanta and the State of Georgia
`
`We UQVSJ
`
`MAX CLELAND
`SECRETARY OF STATE
`
`c0RPOfiATIONS
`656-2817
`
`CORPORATIONS HUT LINE
`404-856-2222
`Outside Metro-Atlanta
`
`

`
`11/12/35
`
`Tue 1o:u1 rd; Z14 raq uaua
`
`aienernu LLVAL
`
`nmuua
`4+» uuannnx ounueurr
`NOV 12_’96 83:19PM
`
`SECOND RESTATED ARTICLES OF INCORPORATION OF
`KNOWLEDGEWARE. INC.
`
`The undersigned officer of Knowledgeware, Inc. (the "Corporation"), hereby certifies.
`pursuant to Section 14-2-1007 of the Georgia Business Corporation Code. the following:
`
`I.
`
`The name of the Corporation is’ Knowledgeware, Inc.
`
`Accompanying this Certificate are the Second Restated Articles of Incorporation
`II.
`of the Corporation (the "Restated Articles‘).
`
`The Restated Articles contain amendments to the Company‘s articles of
`III.
`incorporation requiring approval of the Company‘: shareholders.
`
`The Restated Articles effect the following amendment: Article 1 is amended and
`IV .
`restated to read as follows:
`
`"
`
`1
`
`The name of the Corporation is:
`
`STERLING SOFTWARE (SOUTHERN), INC."
`
`The Restated Articles were adopted by unanimous written consent of the Board
`V.
`of Directors effective November 30, 1994.
`
`‘
`
`The Restated Articles were duly approvai by the sole shareholder of the
`VI.
`Corporation in accordance with the provisions of Code Section 14-2-1003.
`
`The full text of the Second Restated Articles of Incorporation of the Corporation.
`VII.
`as amended and restated hereby, shall be as follows:
`
`

`
`11/12/96 TUE 18:07 FAX 214 759 U905
`
`SIEKLLLVG Lt-.GAl.
`
`tgauuq
`->->-> 1.1.|.:Ll\.i:.L.1 aunueurr
`NOV 12 ’96
`83:19PM
`
`SECOND RESTATED ARTICLES OF INCORPORATION OF
`KNOWLEDGEWARE. INC.
`
`The name of the Corporation is:
`
`1.
`
`STERLING SOFTWARE (SOUTHERN), INC.
`
`2.
`
`The Corporation shall have perpetual duration.
`
`3.
`
`The Corporation is organized for pecuniary gain and profit pursuant to the Georgia
`
`Business Corporation Code for the following purposes:
`
`(a)
`
`To design. develop. market, license, rent, sell, purchase, install, service, support
`
`and maintain computer programs and computer software of all types and descriptions, and to
`
`provide all other activities related thereto.
`
`(b)
`
`To carry on any lawful business not specifically prohibited to corporations under
`
`the applicable laws of the State of Georgia.
`
`(c)
`
`To do everything necessary, proper,
`
`advisable or convenient
`
`for
`
`the
`
`accomplishment of any of the purposes, or the attainment of any of the objectives. or the
`
`furtherance of any of the powers herein set forth, either alone or in association with others. and
`
`incidental or pertaining to, or growing out of, or connected with,
`
`its business or powers,
`
`provided the same are not inconsistent with the ‘laws of the State of Georgia.
`
`

`
`11/12/96 TUE 18207 FAX 214 750 0905
`'
`
`S11-.'l-u.mG LEGAL
`
`neiwo
`-)->-> hi..tuu-.i..x eunui.ul-i-
`NOV 12 ’96
`23:19PM
`
`4.
`
`(a) This Corporation is authorized to issue two classes of shares of stock to be
`
`_ designated "Common", and "Prefened".
`
`(b)
`
`The total number of shares of stock which the Corporation shall have authority
`
`to issue is Eleven Thousand (11,000) shares, consisting of Ten Thousand (10,000) shares of
`
`Common Stock, having a par value of S .10 per share, and One Thousand (1,000) shares of
`
`Preferred Stock, having a par value of S .10 per share.
`
`(c)
`
`Each holder of Common Stock shall be entitled to cast one (1) vote at every
`
`meeting of shareholders for each share of Common Stock held.
`
`(cl)
`
`The Preferred shares may be issued from time to time