Custom Work Product. Notwithstanding subsection (c) above, if consulting services rendered by Forte will by [*]= CERTAIN INFORMATION IN THIS EXHIBIT HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
Custom Work Product. The term “Custom Work Product”, for purposes of the Copyright Act of 1976, 17 U.S.C. §§ 101-1332, shall mean all work items newly created on a "work made for hire" basis by Participant expressly on behalf of MassTech under this SOW. There will be no Custom Work Product created under this SOW.
Custom Work Product. The term “Custom Work Product” shall mean all work items newly created by Participant expressly on behalf of MassTech under this SOW. Custom Work Product does not include any Participant Property.
Custom Work Product. Subject to SwiftStack’s underlying rights in Pre-Existing Material and SwiftStack Material, Customer shall retain all rights, title and interest in any software program, tool, utility, methodology, processes, documentation, invention, device, specification, technique, and all intellectual property rights therein, developed on Customer’s behalf during the performance of the Professional Services that is specifically identified in the SOW as “Custom Work Product”. Customer hereby grants to SwiftStack a non-exclusive, worldwide, perpetual right to use, reproduce, and create derivative works of the Custom Work Product for SwiftStack’s internal business purposes and in connection with SwiftStack product or service offerings on the condition that SwiftStack removes any and all Confidential Information from the Custom Work Product. Unless Custom Work Product is specifically identified in an SOW, the SOW does not include any Custom Work Product or “work made for hire” as that term is defined under applicable copyright law and all intellectual property rights therein are retained by SwiftStack. Unless otherwise specified in the SOW, any software, code, scripts, or similar deliverable provided to Customer by SwiftStack in the course of executing an engagement is not Software as that term is defined in SwiftStack’s General Terms or in any other applicable license agreement, is provided “as is” with no warranty whatsoever, and SwiftStack makes no commitment as to its fitness for purpose.
Custom Work Product. Except as otherwise provided above and in Section 9.7, all software, documentation, inventions, works of authorship and intellectual property developed by Collegis or its subcontractors expressly for Xxxxxxxxx in connection with the performance of Services shall be “Custom Work Product.” Prior to delivery of a set of services, should Collegis determine the Custom Work Product would be useful to Collegis, Collegis shall notify Xxxxxxxxx in writing and the Parties will execute a separate written agreement detailing the provision of the deliverables useful to both Parties. Except as otherwise provided above, all Custom Work Product shall be Xxxxxxxxx’x exclusive property and are “works for hire” within the meaning of U.S. copyright laws. If any such Custom Work Product is not considered a work made for hire under applicable law, Collegis hereby irrevocably assigns to Xxxxxxxxx, without further consideration, all of Collegis’ right, title and interest in and to such Custom Work Product. Collegis shall execute any documents and take any other actions reasonably requested by Xxxxxxxxx to accomplish the purposes of this Section. Xxxxxxxxx may apply for patent, copyright or other intellectual property rights with respect to such newly developed intellectual property in all countries, and Collegis will extend reasonable cooperation in order to obtain and retain such registrations and other protections as Collegis deems advisable. Xxxxxxxxx grants Collegis a nonexclusive license to use all such Custom Work Product in the performance of Services for Xxxxxxxxx. Any open source software included by Collegis in a Custom Work Product shall comply with general industry protocol and standards.
Custom Work Product. The term “Custom Work Product” shall mean all Deliverables newly created by Virtual Alchemy expressly on behalf of Client under this Agreement. Custom Work Product excludes any Virtual Alchemy Property or derivative works thereto or MSPLT.
