XML 36 R16.htm IDEA: XBRL DOCUMENT v2.4.0.8
10. CONTINGENCIES
9 Months Ended
Sep. 30, 2013
Commitments and Contingencies Disclosure [Abstract]  
CONTINGENCIES

The Company, from time to time, is involved in legal matters arising in the ordinary course of its business including matters involving proprietary technology. While management believes that such matters are currently not material, there can be no assurance that matters arising in the ordinary course of business for which the Company is or could become involved in litigation, will not have a material adverse effect on its business, financial condition or results of operations.

 

The Company is currently in discussions with the state of Delaware regarding the potential underpayment of its annual franchise tax dating back to 2002.  The Company expects that its explanation regarding the amount in dispute will be accepted by Delaware but, should a negotiated resolution not arise in favor of the Company, it may be exposed to a franchise tax liability of approximately $1.6 million.

 

In October 2003, we were served with a summons and complaint in Superior Court of North Carolina regarding unpaid invoices for services rendered by one of our subcontractors.  The amount in dispute was approximately $200,000 and is included in accounts payable. Subsequent to March 31, 2004, we settled this litigation.  Under the terms of the settlement agreement, we agreed to pay a total of $189,000 plus interest over a 19-month period ending November 15, 2005. The Company has not made any additional payments and has a remaining liability of approximately $88,000.

 

Under the indemnification clause of the Company’s standard reseller agreements and software license agreements, the Company agrees to defend the reseller/licensee against third party claims asserting infringement by the Company’s products of certain intellectual property rights, which may include patents, copyrights, trademarks or trade secrets, and to pay any judgments entered on such claims against the reseller/licensee. There were no claims against the Company as of September 30, 2013.