Common use of Common Infrastructure Copyrights Clause in Contracts

Common Infrastructure Copyrights. Common Infrastructure Copyrights shall be co-owned by JDSU and Lumentum. JDSU hereby assigns to Lumentum an undivided one-half joint ownership interest in Common Infrastructure Copyrights, and upon Lumentum’s written request, JDSU and its Subsidiaries shall execute further documents confirming the assignment of such co-ownership interest to Lumentum. Subject to Article VII of this Agreement, below, each co-owner shall be free to exploit the Common Infrastructure Copyrights without further consent and without accounting to the other co-owner. (a) The parties acknowledge that some of the materials associated with Common Infrastructure Copyrights (e.g., documents, PowerPoint slides, photo libraries, etc.) may also contain Third Party-owned copyrighted material (“3POCM”) such as fonts, images and graphics, which are licensed to JDSU. This provision therefore does not extend to such 3POCM, and each party is solely responsible for obtaining its own licenses to the 3POCM. (b) Notwithstanding the foregoing, but subject to the Trademark License, the use of any Common Infrastructure Copyrights by or for Lumentum, and any works related to, or based upon, any of the Common Infrastructure Copyrights, may not contain any references to JDSU (or any of JDSU’s marks, names, trade dress, logos or other source or business identifiers, including the JDSU name and unused Marks), JDSU’s publications, JDSU’s personnel (including senior management), JDSU’s management structures or any other indication (other than the verbatim or paraphrased reproduction of the content) that such works are based upon any of Common Infrastructure Copyrights that originated with JDSU. Notwithstanding the foregoing, the use of any Common Infrastructure Copyrights by or for JDSU, and any works related to, or based upon, any of the Common Infrastructure Copyrights, may not contain any references to Lumentum (or any of Lumentum’s marks, names, trade dress, logos or other source or business identifiers, including the Lumentum name and Marks owned by any member of the Lumentum Group), Lumentum’s publications, Lumentum’s personnel (including senior management), or Lumentum’s management structures. (c) Neither JDSU nor Lumentum shall have any obligation to the other to (i) notify of any changes to, proposed changes to, licenses to, sales of, or other disposition of any of the Common Infrastructure Copyrights, (ii) include the other in any consideration of proposed changes to any of the Common Infrastructure Copyrights, (iii) provide draft changes of any of the Common Infrastructure Copyrights to the other for review and/or comment, or (iv) provide the other with any updated materials relating to any of the Common Infrastructure Copyrights.

Common Infrastructure Copyrights. Common Infrastructure Copyrights shall be co-owned by JDSU Agilent and LumentumKeysight. JDSU hereby assigns to Lumentum an undivided one-half joint ownership interest in Common Infrastructure Copyrights, and upon Lumentum’s Upon Keysight written request, JDSU Agilent and its Subsidiaries Affiliates shall execute further documents confirming the assignment of such co-ownership interest to LumentumKeysight. Subject to Article VII of this Agreement6, below, each co-owner shall be free to exploit the Common Infrastructure Copyrights without further consent and without accounting to the other co-owner. (a) The parties acknowledge that some of the materials associated with Common Infrastructure Copyrights (e.g., documents, PowerPoint slides, photo libraries, etc.) may also contain Third Party-owned copyrighted material (“3POCM”) such as fonts, images and graphics, which are licensed to JDSUAgilent. This provision therefore does not extend to such 3POCM, and each party Keysight is solely responsible for obtaining its own licenses to the 3POCM. Keysight shall also indemnify and hold Agilent harmless from all claims by Third Parties arising out of or relating to Keysight’s unlicensed use of the 3POCM. (b) Notwithstanding the foregoing, but subject to the Trademark License, the use of any Common Infrastructure Copyrights by or for LumentumKeysight, and any works related to, or based upon, any of the Common Infrastructure Copyrights, may not contain any references to JDSU Agilent (or any of JDSUAgilent’s marks, names, trade dress, logos or other source or business identifiers, including the JDSU name Agilent Name and unused Agilent Marks), JDSUAgilent’s publications, JDSUAgilent’s personnel (including senior management), JDSUAgilent’s management structures or any other indication (other than the verbatim or paraphrased reproduction of the content) that such works are based upon any of Common Infrastructure Copyrights that originated with JDSU. Notwithstanding the foregoing, the use of any Common Infrastructure Copyrights by or for JDSU, and any works related to, or based upon, any of the Common Infrastructure Copyrights, may not contain any references to Lumentum (or any of Lumentum’s marks, names, trade dress, logos or other source or business identifiers, including the Lumentum name and Marks owned by any member of the Lumentum Group), Lumentum’s publications, Lumentum’s personnel (including senior management), or Lumentum’s management structuresAgilent. (c) Neither JDSU Agilent nor Lumentum Keysight shall have any obligation to the other to (i) notify of any changes to, or proposed changes to, licenses to, sales of, or other disposition of to any of the Common Infrastructure Copyrights, (ii) include the other in any consideration of proposed changes to any of the Common Infrastructure Copyrights, (iii) provide draft changes of any of the Common Infrastructure Copyrights to the other for review and/or comment, or (iv) provide the other with any updated materials relating to any of the Common Infrastructure Copyrights.