Embedded and Dependent Materials Sample Clauses

Embedded and Dependent Materials. To the extent that Service Provider Owned Materials or Third Party Materials are either (i) embedded in or (ii) dependent on or necessary for the Use of any Developed Materials owned by DIR pursuant to Section 14.2(a) or any Third Party Materials that DIR or any DIR Customer licenses, then subject to Section 14.2(d) Service Provider shall not be deemed to have assigned its or any third party's intellectual property rights in such Materials to DIR, but Service Provider hereby grants to DIR, the DIR Customers and Entities that qualify as DIR Customers a world-wide, non-exclusive, perpetual, irrevocable, royalty-free right and license to Use, with the right to allow other DCS Service Providers, DIR Contractors and other third parties the right to Use for the benefit of or Use by DIR, the DIR Customers and Entities that qualify as DIR Customers, such Materials (including all modifications, replacements, Upgrades, enhancements, improvements, methodologies, tools, documentation, materials and media related thereto); provided, however, such license shall not extend to DIR's, any DIR Customer's or any Entity that qualifies as a DIR Customer's commercial exploitation of such Service Provider Owned Materials or Third Party Materials on a stand-alone basis. Following the expiration or any termination of this Agreement and the termination of the Service(s) for which such Service Provider Owned Materials were used, Service Provider shall, at DIR's request, provide Upgrades, maintenance, support and other services for such Service Provider Owned Materials or Third Party Materials in accordance with Section 14.6(b) or 14.6(c), as applicable.
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Embedded and Dependent Materials. To the extent that Service Provider Owned Materials or Third Party Materials are embedded in any Developed Materials owned by DIR pursuant to Section 14.2(a) or any Third Party Materials that DIR or any Customer licenses, then subject to Section 14.2(d) and any applicable third-party terms and conditions, Service Provider shall not be deemed to have assigned its or any third party's intellectual property rights in such Materials to DIR, but Service Provider hereby grants to DIR, the Customers and their disclosed designee(s) a world-wide, non-exclusive, perpetual, irrevocable, royalty-free right and license to Use, with the right to allow other DCS Service Providers, DIR Contractors, and other third parties the right to Use for the benefit of or Use by DIR, the Customers and Entities that qualify as Customers, such Materials (including all modifications, replacements, Upgrades, enhancements, improvements, methodologies, tools, documentation, materials and media related thereto that are requested by DIR and will not otherwise affect the operation of the Materials); provided, however, such license shall not extend to DIR's, any Customer's, or their disclosed designee’s commercial exploitation of such Service Provider Owned Materials or Third Party Materials on a stand-alone basis. To the extent that any Service Provider Owned Materials or Third party Materials are necessary for the Use of any Developed Materials owned by DIR and are not commercially available, then subject to Section 14.2(d) and any applicable third party terms and conditions, Service Provider shall not be deemed to have assigned its or any third party’s intellectual property rights in such Materials to DIR, but Service Provider hereby grants to DIR, the DIR Customers and their disclosed designee(s) a world-wide, nonexclusive, perpetual, irrevocable, royalty-free right and license to Use, with the right to allow other DIR Service Providers, DIR Contracts, and other third parties the right to Use for the benefit of or Use by DIR, the DIR Customers and Entities that qualify as Customers, such Materials solely in connection with the Developed Materials. Following the expiration or any termination of this Agreement and the termination of the Service(s) for which such Service Provider Owned Materials were used, Service Provider shall, at DIR's request, provide Upgrades, maintenance, support, and other services for such Service Provider Owned Materials or Third Party Materials in accordance with Se...
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Embedded and Dependent Materials. Contractor hereby grants to OCA and Customers a world-wide, non-exclusive, perpetual, irrevocable, royalty-free right and license to use any embedded Contractor Owned Materials or Third-Party Materials necessary for the use of the Services.
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Embedded and Dependent Materials. To the extent that Successful Respondent Owned Materials or Third Party Materials are either (1) embedded in or (2) dependent on or necessary for the Use of any Developed Materials owned by DIR pursuant to Section 7.2.1 DIR Ownership or any Third Party Materials that DIR or any DIR Customer licenses, then subject to Section
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Embedded and Dependent Materials. To the extent that Successful Respondent Owned Materials or Third Party Materials are either (1) embedded in or (2) dependent on or necessary for the Use of any Developed Materials owned by DIR pursuant to Section 7.2.1 DIR Ownership or any Third Party Materials that DIR or any DIR Customer licenses, then subject to Section 7.2.4 Third Party Materials, Successful Respondent shall not be deemed to have assigned its or any third party's intellectual property rights in such Materials to DIR, but Successful Respondent hereby grants to DIR, the DIR Customers and Entities that qualify as DIR Customers a world-wide, non-exclusive, perpetual, irrevocable, royalty-free right and license to Use, with the right to allow Service Component Providers, DIR Contractors, and
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Embedded and Dependent Materials. To the extent that Service Provider Owned Materials or Third Party Materials are either (i) embedded in or (ii) dependent on or necessary for the Use of any Developed Materials owned by TxDOT pursuant to Section 14.2(a) or any Third Party Materials that TxDOT licenses, then subject to Section 14.2(d) Service Provider shall not be deemed to have assigned its or any third party's intellectual property rights in such Materials to TxDOT, but Service Provider hereby grants to TxDOT a world-wide, non-exclusive, perpetual, irrevocable, royalty-free right and license to Use, with the right to allow other TxDOT Service Providers, TxDOT Contractors and other third parties the right to Use for the benefit of or Use by TxDOT such Materials (including all modifications, replacements, Upgrades, enhancements, improvements, methodologies, tools, documentation, materials and media related thereto); provided, however, that such license shall not extend to TxDOT's commercial exploitation of such Service Provider Owned Materials or Third Party Materials on a stand-alone basis. Following the expiration or any termination of this Agreement and the termination of the Service(s) for which such Service Provider Owned Materials were used, Service Provider shall, at TxDOT's request, provide Upgrades, maintenance, support and other services for such Service Provider Owned Materials or Third Party Materials in accordance with Section 14.6(b) or 14.6(c), as applicable.
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Related to Embedded and Dependent Materials

  • Removal of Equipment and Materials Within 30 days after completion of the requirements of this contract, PURCHASER shall remove from the areas of operations, and other property owned or controlled by STATE, all equipment, materials, and other property PURCHASER has placed or caused to be placed thereon that is not to become the property of STATE. It is agreed that any such equipment, materials, and other property that are not removed within 30 days, shall become the property of STATE and may be used or otherwise disposed of by STATE without notice or obligation to PURCHASER or to any party to whom PURCHASER may transfer title. Nothing in this section shall be construed as relieving PURCHASER from an obligation to clean up and to burn, remove, or dispose of debris, waste materials, and such, in accordance with the provisions of this contract. PURCHASER shall indemnify STATE for expenses as a result of cleanup, removal or disposal of debris, waste materials, and such.

  • COMMERCIAL COMPUTER SOFTWARE If performance involves acquisition of existing computer software, the following Company Exhibit is incorporated by reference: CCS Commercial Computer Software License (Company – July 2010).

  • Equipment and Materials Contractor at its sole cost and expense shall provide and furnish all tools, labor, materials, equipment, transportation services and any other items (collectively, "Equipment") which are required or necessary to perform the Services in a manner which is consistent with generally accepted standards of the profession for similar services. Notwithstanding the foregoing, District shall not be responsible for any damages to persons or property as a result of the use, misuse or failure of any Equipment used by Contractor of the Contracted Parties, even if such Equipment is furnished, rented or loaned to Contractor or the Contracted Parties by District. Furthermore, any Equipment or workmanship that does not conform to the regulations of this Agreement may be rejected by District and in such case must be promptly remedied or replaced by Contractor at no additional cost to District and subject to District’s reasonable satisfaction.

  • Third-Party Underlying and Derivative Works To the extent that any Vendor IP or Third Party IP are embodied or reflected in the Work Product, or are necessary to provide the Services, Vendor hereby grants to the Customer, or shall obtain from the applicable third party for Customer’s benefit, the irrevocable, perpetual, non-exclusive, worldwide, royalty-free right and license, for Customer’s internal business purposes only, to (i) use, execute, reproduce, display, perform, distribute copies of, and prepare derivative works based upon such Vendor IP or Third Party IP and any derivative works thereof embodied in or delivered to Customer in conjunction with the Work Product, and (ii) authorize others to do any or all of the foregoing. Vendor agrees to notify Customer on delivery of the Work Product or Services if such materials include any Third Party IP. On request, Vendor shall provide Customer with documentation indicating a third party’s written approval for Vendor to use any Third Party IP that may be embodied or reflected in the Work Product.

  • Product Information EPIZYME recognizes that by reason of, inter alia, EISAI’s status as an exclusive licensee in the EISAI Territory under this Agreement, EISAI has an interest in EPIZYME’s retention in confidence of certain information of EPIZYME. Accordingly, until the end of all Royalty Term(s) in the EISAI Territory, EPIZYME shall keep confidential, and not publish or otherwise disclose, and not use for any purpose other than to fulfill EPIZYME’s obligations, or exercise EPIZYME’s rights, hereunder any EPIZYME Know-How Controlled by EPIZYME or EPIZYME Collaboration Know-How, in each case that are primarily applicable to EZH2 or EZH2 Compounds (the “Product Information”), except to the extent (a) the Product Information is in the public domain through no fault of EPIZYME, (b) such disclosure or use is expressly permitted under Section 9.3, or (c) such disclosure or use is otherwise expressly permitted by the terms and conditions of this Agreement. For purposes of Section 9.3, each Party shall be deemed to be both the Disclosing Party and the Receiving Party with respect to Product Information. For clarification, the disclosure by EPIZYME to EISAI of Product Information shall not cause such Product Information to cease to be subject to the provisions of this Section 9.2 with respect to the use and disclosure of such Confidential Information by EPIZYME. In the event this Agreement is terminated pursuant to Article 12, this Section 9.2 shall have no continuing force or effect, but the Product Information, to the extent disclosed by EPIZYME to EISAI hereunder, shall continue to be Confidential Information of EPIZYME, subject to the terms of Sections 9.1 and 9.3 for purposes of the surviving provisions of this Agreement. Each Party shall be responsible for compliance by its Affiliates, and its and its Affiliates’ respective officers, directors, employees and agents, with the provisions of Section 9.1 and this Section 9.2.

  • Stored Materials The Department shall not be required to pay for materials stored at the site or stored at other locations absent prior written authorization to do so, which authorization may be withheld at the Department's sole discretion. If the Department expressly agrees to pay for materials stored at the site but not yet incorporated into the Work, the Application for Payment may also include a request for payment of the cost of such materials, if the materials have been delivered to the site, and suitably stored. Such requests shall be documented by appropriate invoices and bills of sale. Payment for stored materials shall be conditioned also on the Design-Builder’s representation that it has inspected the material and found it to be free from defect and otherwise in conformity with this Agreement, and on satisfactory evidence that the materials are insured under the builder’s risk policy. Further, if the Design-Builder requests the Department to allow payments for storage of materials offsite, the Design-Builder shall be required, inter alia, to agree to execution of proper documentation to afford the Department a secured interest in the materials upon payment.

  • SERVICE MONITORING, ANALYSES AND ORACLE SOFTWARE 11.1 We continuously monitor the Services to facilitate Oracle’s operation of the Services; to help resolve Your service requests; to detect and address threats to the functionality, security, integrity, and availability of the Services as well as any content, data, or applications in the Services; and to detect and address illegal acts or violations of the Acceptable Use Policy. Oracle monitoring tools do not collect or store any of Your Content residing in the Services, except as needed for such purposes. Oracle does not monitor, and does not address issues with, non-Oracle software provided by You or any of Your Users that is stored in, or run on or through, the Services. Information collected by Oracle monitoring tools (excluding Your Content) may also be used to assist in managing Oracle’s product and service portfolio, to help Oracle address deficiencies in its product and service offerings, and for license management purposes.

  • Third Party Materials The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third- party advertising ("Third-Party Materials"). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

  • Third Party Software 1. The Software may contain third party software that requires and/or additional terms and conditions. Such required third party software notices and/or additional terms and conditions are located at xxxx://xxx.xxxxxxxxx.xxx/thirdparty/index.html and are made a part of and incorporated by reference into this XXXX. By accepting this XXXX, You are also accepting the additional terms and conditions, if any, set forth therein.

  • Licensed Materials The materials that are the subject of this Agreement are set forth in Appendix A ("Licensed Materials").

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