Assets of Cloud Storage Management Company

Sale of all assets of Tintri, Inc. includes:

1. all equipment, machinery or other tangible personal property, including the items listed on Schedule 2.1(a) hereto and any warranty rights or claims associated therewith;
2. all leases of equipment, machinery or other tangible personal property, to the extent listed on Schedule 2.1(b) hereto (the “Personal Property Leases”);
3. all contracts, agreements, contract rights, license agreements, customer contracts, purchase and sales orders (if any), instruments, royalty agreements, third party guaranties, indemnifications, arrangements and understandings, whether oral or written, to which Seller is a party (whether or not legally bound thereby) and which relate to the Purchased Assets and the operation of the Business, to the extent listed on Schedule 2.1(c) hereto (the “Assumed Contracts”);
4. all leases of real property, to the extent listed on Schedule 2.1(d) hereto (the “Real Property Leases”);
5. all Permits transferable to Purchaser pursuant to their terms and in accordance with applicable Laws;
6. all intellectual property owned by Seller, including but not limited to all domestic and foreign patents, patent applications (regardless of the applicant), trademarks, service marks and other indicia of origin, trademark and service mark registrations and applications for registrations thereof, copyrights, copyright registrations and applications for registration thereof, Internet domain names and universal resource locators (URLs), trade secrets, inventions (whether or not patentable), invention disclosures, moral and economic rights of authors and inventors (however denominated), technical data, customer lists, vendor lists, corporate and business names, trade names, trade dress, brand names, know-how, show-how, formulae, methods (whether or not patentable), designs, processes, procedures, technology, source codes, object codes, computer software programs, databases, data collectors and other proprietary information or material of any type, whether written or unwritten (and all goodwill associated with, and all derivatives, improvements and refinements of, any of the foregoing), including the registered intellectual property listed on Schedule 2.1(f) hereto;
7. all prepaid items and or expenses;
8. all books and records related to the Purchased Assets or the Business, including customer or client lists, files, documentation, records and the related documentation;
9. all of Seller’s right, title and interest in and to all other assets, whether real or personal, tangible or intangible, used by Seller or useful in the operation of the Business;
10. all claims, indemnities, warranties, guarantees, refunds, causes of action, rights of recovery, rights of set-off and rights of recoupment of every kind and nature (whether or not known or unknown or contingent or non-contingent) related to the Purchased Assets or the Business (other than those related to the Excluded Assets or the Excluded Liabilities, or claims on insurance policies of Seller); and
11. all deposits and prepayments held by third parties pursuant to any Assumed Contract.