Derivative Technology Clause Samples
The Derivative Technology clause defines the ownership and rights related to any technology, inventions, or intellectual property that are developed as a result of or in connection with the agreement. Typically, this clause clarifies whether such derivative works belong to the party commissioning the work, the creator, or are jointly owned, and may specify the process for disclosing and documenting these developments. Its core practical function is to prevent disputes over new inventions or improvements that arise during the course of a project, ensuring all parties understand who holds the rights to derivative technology.
Derivative Technology. Notwithstanding anything in these Mot-Lab Terms, the right to create Derivative Technology granted above shall not be construed to confer any Patent rights with respect to such Derivative Technology except, and solely to the extent, such Patent rights are granted with respect to the underlying Licensed Technology.
Derivative Technology. 5.3.1 Inktomi Derivative Technology will be owned exclusively by Inktomi and treated in the same manner as Inktomi Technology under this Section 5, except as follows:
(a) Inktomi will not make available any Inktomi Derivative Technology or any search engine features implemented thereby to any third party search engine customer for a period of not less than [*] ([*]) years commencing on the incorporation of the final (not "beta") version of the Inktomi Derivative Technology into the Microsoft Search Engine. After the expiration of said [*] ([*]) year exclusivity period, Inktomi will have the right to use the Inktomi Derivative Technology in other versions of the Inktomi Search Engine, but if Inktomi so uses any Inktomi Derivative Technology it will pay to Microsoft, in [*], an amount equal to [*] of the amounts Microsoft paid for development of such Inktomi Derivative Technology pursuant to Section 2.1.1 above, but except for such payments Inktomi will not owe any royalties or other amounts to Microsoft for any use of the Inktomi Derivative Technology; and
(b) Inktomi hereby grants to Microsoft a non-exclusive and irrevocable, fully paid-up, license under any and all patents that Inktomi may own related to any portion of the Inktomi Derivative Technology, throughout the Territory for the applicable life of the respective patent; provided, however, that nothing contained in this clause (b) shall be deemed to require Inktomi to deliver any code to Microsoft.
5.3.2 Each of Inktomi and Microsoft will own an [*] ([*]) interest in and to all Joint Derivative Technology, at all stages of development, and the parties hereby assign to each other such individual rights therein as necessary to effectuate said [*] ownership relationship. Subject to the other rest of this Section 5.3.2, each party shall have the right to use Joint Derivative Technology as each may determine (including creating other derivative works based thereon) without any limitation or necessity to account to the other. However, Inktomi will not make available any Joint Derivative Technology or any search engine features implemented thereby to any third party search engine customer for a period of not less than [*] ([*]) years commencing on the incorporation of the final (not "beta") version of the Joint Derivative Technology into the Microsoft Search Engine. After the expiration of said [*] ([*]) year exclusivity period, Inktomi will have the right to use the Joint Derivative Technology in other ve...
Derivative Technology. Subject to Sun's Intellectual Property Rights in the Licensed Technology, Sun acknowledges and agrees that Licensee is and will remain the sole and exclusive owner of all right, title and interest in the Derivative Technology and all associated Intellectual Property Rights and that Sun acquires no rights therein pursuant to this Agreement.
Derivative Technology. Pinnacle acknowledges and warrants that the PCI Card will meet or exceed the acceptance criteria specified by SME and delivered to Pinnacle as stated in Exhibit A, and that the manufactured PCI Card will be free from errors which materially impairs its functionality.
Derivative Technology. Pinnacle acknowledges and agrees that SME will acquire ownership of all right, title and interest in the Derivative Technology developed during the term of this Agreement, whether developed independently by one of the parties or jointly by SME and Pinnacle, and that Pinnacle acquires only the rights to develop, use, and otherwise exploit the Derivative Technology specifically granted under this Agreement.