Common use of Design Materials Clause in Contracts

Design Materials. Any drawings, specifications, designs, plans and other documents prepared by or on behalf of the Seller and/or its Subcontractors in connection with the Equipment or the Services (collectively, to the extent in the possession and control of the Seller, the “Design Materials”), and all intellectual property rights, if any, relating to the Design Materials or the contents of or concepts embodied in the Design Materials, are and shall remain the exclusive property of the Seller or the Subcontractors, as the case may be. The Seller hereby grants for itself, and to the extent it has the right to so grant from Subcontractors, for its Subcontractors, whichever is appropriate, a paid-up, non-exclusive, license (the “Design Materials License”) for the life of the Equipment for the Buyer to use, reproduce and have reproduced the Seller’s and its Subcontractors’ proprietary information in such Design Materials, subject to the confidentiality obligation in Section 29.2 above and the following: (a) The Buyer may only use such Design Materials for the operation, maintenance and repair of the Equipment, in accordance with the efforts specified in the Contract, after Commercial Operation, but not for manufacturing spares or replacement components, equipment, etc. for the Project or any third party (other than as set forth in Section 14.2), or for the purpose of developing derivative information or products of any nature; and (b) the Design Materials License granted under this Section 29.3 is personal to the Buyer and shall apply to any of the Persons listed in Section 29.2(b) subject to the restrictions set forth in Section 29.2.

Design Materials. Any drawings, specifications, designs, plans and other documents prepared by or on behalf of the Seller and/or its Subcontractors in connection with the Equipment or the Services (collectively, to the extent in the possession and control of the Seller, the “Design Materials”), and all intellectual property rights, if any, relating to the Design Materials or the contents of or concepts embodied in the Design Materials, are and shall remain the exclusive property of the Seller or the Subcontractors, as the case may be. The Seller hereby grants for itself, and to the extent it has the right to so grant from Subcontractors, for its Subcontractors, whichever is appropriate, a paid-up, non-exclusive, license (the “Design Materials License”) for the life of the Equipment for the Buyer to use, reproduce and have reproduced the Seller’s and its Subcontractors’ proprietary information in such Design Materials, subject to the confidentiality obligation in Section Section. 29.2 above and the following: (a) The Buyer may only use such Design Materials for the operation, maintenance and repair of the Equipment, in accordance with the efforts specified in the Contract, after Commercial Operation, but not for manufacturing spares or replacement components, equipment, etc. for the Project or any third party (other than as set forth in Section 14.2), or for the purpose of developing derivative information or products of any nature; and (b) the Design Materials License granted under this Section 29.3 is personal to the Buyer and shall apply to any of the Persons listed in Section 29.2(b) subject to the restrictions set forth in Section 29.2. The Seller reserves all patent rights, and nothing in this Section. 29.3 shall be deemed to grant a license directly or by implication, estoppel or otherwise under any patent or patent application related to any information to which this Contract applies.