Common use of Background Technology Clause in Contracts

Background Technology. As used in this Agreement, the term “Background Technology” means all Inventions developed by Contractor other than in the course of providing services to Company hereunder and all Inventions acquired or licensed by Contractor that Contractor uses in performing services under this Agreement or incorporates into Work Product (defined below). Contractor will disclose any Background Technology in the SOW in which Contractor proposes to use or incorporate such Background Technology. If no Background Technology is disclosed in an SOW, Contractor warrants that it will not use Background Technology or incorporate it into Work Product provided pursuant thereto. Notwithstanding the foregoing, Contractor agrees that it will not incorporate into Work Product or otherwise deliver to Company any software code licensed under the GNU GPL or LGPL or any other license that by its terms requires, or conditions the use or distribution of such code on, the disclosure, licensing, or distribution of the Work Product or any source code owned or licensed by the Company.

Appears in 2 contracts

Samples: Independent Contractor Services Agreement (Fastly, Inc.), Independent Contractor Services Agreement (Solexa, Inc.)

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Background Technology. As used in this Agreement, the term “Background Technology” means all Inventions developed by Contractor other than in the course of providing services to Company hereunder and all Inventions acquired or licensed by Contractor that Contractor uses in performing services under this Agreement or incorporates into Work Product (defined below). Contractor will disclose any Background Technology in the SOW in which Contractor proposes to use or incorporate such Background Technology. If no Background Technology is disclosed in an SOW, Contractor warrants that it will not use Background Technology or incorporate it into Work Product provided pursuant thereto. Notwithstanding the foregoing, Contractor agrees that it will not incorporate into Work Product or otherwise deliver to Company any software code licensed under the GNU GPL or LGPL or any other license that by its terms requires, or conditions the use or distribution of such code on, the disclosure, licensing, or distribution of the Work Product or any source code owned or licensed by the Company.

Appears in 2 contracts

Samples: Consulting Agreement, Independent Contractor Services Agreement (Rackable Systems, Inc.)

Background Technology. As used in this Agreement, the term “Background Technology” means all Inventions developed by Contractor other than in the course of providing services to Company hereunder and all Inventions acquired or licensed by Contractor Company that Contractor uses in performing services under this Agreement or incorporates into Work Product (defined below). Contractor will disclose any Background Technology in the SOW in which Contractor proposes to use or incorporate such Background Technology. If no Background Technology is disclosed in an SOW, Contractor warrants that it will not use Background Technology or incorporate it into Work Product provided pursuant thereto. Notwithstanding the foregoing, Contractor agrees that it will not incorporate into Work Product or otherwise deliver to Company any software code licensed under the GNU GPL or LGPL or any other license that by its terms requires, or conditions the use or distribution of such code on, the disclosure, licensing, or distribution of the Work Product or any source code owned or licensed by the Company.

Appears in 1 contract

Samples: Independent Contractor Services Agreement

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Background Technology. As used in this Agreement, the term “Background Technology” means all Inventions developed by Contractor Service Provider other than in the course of providing services to Company Buyer hereunder and all Inventions acquired or licensed by Contractor Service Provider that Contractor Service Provider uses in performing services under this Agreement or incorporates into Work Product (defined below)Product. Contractor Service Provider will disclose any Background Technology in the SOW in which Contractor Service Provider proposes to use or incorporate such incorporate. If Service Provider discloses no Background Technology. If no Background Technology is disclosed in an SOW, Contractor Service Provider warrants that it will not use Background Technology or incorporate it into Work Product provided pursuant thereto. Notwithstanding the foregoing, Contractor unless otherwise agreed in the Project, Service Provider agrees that it will not incorporate into Work Product or otherwise deliver to Company Buyer any software code licensed under the GNU GPL or LGPL or any other license that by its terms requires, or conditions the use or distribution of such code on, the disclosure, licensing, or distribution of the Work Product or any source code owned or licensed by the CompanyBuyer.

Appears in 1 contract

Samples: Project Agreement and Statement of Work

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