Common use of Background Technology License Clause in Contracts

Background Technology License. Developer hereby grants to Customer such rights and licenses with respect to the Background Technology that will allow Customer to use and otherwise exploit perpetually throughout the universe for all or any purposes whatsoever [the Work Product, to the same extent as if Customer owned] the Background Technology, without incurring any fees or costs to Developer (other than the Fees and Reimbursable Expenses set forth herein) or any other Person in respect of the Background Technology. In furtherance of the foregoing, such rights and licenses shall: (a) be irrevocable, perpetual, fully paid-up, and royalty-free; (b) include the rights to use, reproduce, perform (publicly or otherwise), display (publicly or otherwise), modify, improve, create derivative works of, distribute, import, make, have made, sell, and offer to sell the Background Technology, including all such modifications, improvements, and derivative works thereof[, solely as part of, or as necessary to use and exploit, the Work Product]; and (c) be freely assignable and sublicensable[, in each case solely in connection with the assignment or licensing of the Work Product or any portion, modification, or derivative work thereof, and only to the extent necessary to allow the assignee or sublicensee, as the case may be, to use and exploit the Work Product or portion, modification, improvement, or derivative work thereof]. Developer reserves all rights in the Background Technology not expressly granted to Customer herein.]

Background Technology License. Developer Contractor hereby grants to Customer the State such rights and licenses with respect to the Background Technology that will allow Customer the State to use and otherwise exploit perpetually throughout the universe for all or any purposes whatsoever [the Work Product, to the same extent as if Customer owned] the State owned the Background Technology, without incurring any fees or costs to Developer Contractor (other than the Fees and Reimbursable Expenses set forth hereinunder this Contract) or any other Person in respect of the Background Technology. In furtherance of the foregoing, such rights and licenses shallwill: (a) be irrevocable, perpetual, fully paid-up, up and royalty-free; (b) include the rights to use, reproduce, perform (publicly or otherwise), display (publicly or otherwise), modify, improve, create derivative works Derivative Works of, distribute, import, make, have made, sell, sell and offer to sell the Background Technology, including all such modifications, improvements, improvements and derivative works Derivative Works thereof[, solely as part of, or as necessary to use and exploit, the Work Product]; and (c) be freely assignable and sublicensable[, in each case solely in connection with the assignment or licensing of the Work Product or any portion, modification, or derivative work Derivative Work thereof, and only to the extent necessary to allow the assignee or sublicensee, as the case may be, to use and exploit the Work Product or portion, modification, improvement, or derivative work Derivative Work thereof]. Developer reserves all rights in the Background Technology not expressly granted to Customer herein.]

Background Technology License. Developer Contractor hereby grants to Customer and the Iowa DOT such rights and licenses with respect to the Background Technology that will allow Customer and the Iowa DOT to use and otherwise exploit perpetually throughout the universe for all or any purposes whatsoever [the Work Product, to the same extent as if Customer owned] owned by the Iowa DOT the Background Technology, without incurring any fees or costs to Developer (other than the Fees and Reimbursable Expenses set forth herein) Contractor or any other Person in respect of the Background Technology. In furtherance of the foregoing, such rights and licenses shall: (a) be irrevocable, perpetual, fully paid-up, and royalty-free; (b) include the rights to use, reproduce, perform (publicly or otherwise), display (publicly or otherwise), modify, improve, create derivative works of, distribute, import, make, have made, sell, and offer to sell the Background Technology, including all such modifications, improvements, and derivative works thereof[, solely as part of, or as necessary to use and exploit, the Work Product]; and (c) be freely assignable and sublicensable[, in each case solely in connection with the assignment or licensing of the Work Product or any portion, modification, or derivative work thereof, and only to the extent necessary to allow the assignee or sublicensee, as the case may be, to use and exploit the Work Product or portion, modification, improvement, improvement or derivative work thereof]. Developer Contractor reserves all rights in the Background Technology not expressly granted to Customer herein.]