Common use of Developed Software Clause in Contracts

Developed Software. Except as otherwise agreed by the parties pursuant to the Change Control Procedures, (i) enhancements or modifications to the FNT Software and related documentation and materials FNT specifically retains FIS to create as part of the Services (e.g., under Schedule C-9) shall be and remain the exclusive property of FNT or its third party licensor, (ii) enhancements or modifications to the FIS Software made by (or for) FIS for FNT in connection with the provision of the Services and any related documentation (the "FIS Developed Items") shall be and remain the exclusive property of FIS, and (iii) enhancements or modifications to the FIS Third Party Software shall be and remain the exclusive property of its third party licensor to the extent provided for in the third party license. Except with respect to the Ancillary FIS Proprietary Software, the rights to which are described above in Section 9.3, the parties shall identify all other software developed by FIS upon request of FNT and any related documentation (the "Developed Software") in writing as FNT Proprietary Software, FNT Third Party Software, FIS Proprietary Software, or FIS Third Party Software prior to the time of development of such Developed Software. FNT and FIS shall each be the sole and exclusive owner of all trade secrets, patents, copyrights, and other proprietary rights owned by each of them prior to entering into this Agreement.

Developed Software. Except as otherwise agreed by the parties pursuant to the Change Control Procedures, (i) enhancements or modifications to the FNT FNF Software and related documentation and materials FNT specifically retains FIS to create as part of the Services (e.g., under Schedule C-9) shall be and remain the exclusive property of FNT FNF or its third party licensor, (ii) as between the parties, enhancements or modifications to the FIS Software made by (or for) FIS for FNT FNF in connection with the provision of the Services and any related documentation (the "FIS Developed Items") shall be and remain the exclusive property of FIS, and (iii) enhancements or modifications to the FIS Third Party Software shall be and remain the exclusive property of its third party licensor licensee to the extent provided for in the third party license. Except with respect to the Ancillary FIS Proprietary Software, the rights to which are described above in Section 9.3, the parties shall identify all other software developed by FIS upon request of FNT FNF and any related documentation (the "Developed Software") in writing as FNT FNF Proprietary Software, FNT FNF Third Party Software, FIS Proprietary Software, or FIS Third Party Software prior to the time of development of such Developed Software. FNT FNF and FIS shall each be the sole and exclusive owner of all trade secrets, patents, copyrights, and other proprietary rights owned by each of them prior to entering into this Agreement.

Developed Software. Except as otherwise agreed by the parties pursuant to the Change Control Procedures, (i) enhancements or modifications to the FNT Software and related documentation and materials FNT specifically retains FIS to create as part of the Services (e.g., under Schedule C-9) shall be and remain the exclusive property of FNT or its third party licensor, (ii) enhancements or modifications to the FIS Software made by (or for) FIS for FNT in connection with the provision of the Services and any related documentation (the "“FIS Developed Items"”) shall be and remain the exclusive property of FIS, and (iii) enhancements or modifications to the FIS Third Party Software shall be and remain the exclusive property of its third party licensor to the extent provided for in the third party license. Except with respect to the Ancillary FIS Proprietary Software, the rights to which are described above in Section 9.3, the parties shall identify all other software developed by FIS upon request of FNT and any related documentation (the "“Developed Software"”) in writing as FNT Proprietary Software, FNT Third Party Software, FIS Proprietary Software, or FIS Third Party Software prior to the time of development of such Developed Software. FNT and FIS shall each be the sole and exclusive owner of all trade secrets, patents, copyrights, and other proprietary rights owned by each of them prior to entering into this Agreement.