Common use of Employer's Use of Contractor's Documents Clause in Contracts

Employer's Use of Contractor's Documents. The Contractor transfers to the Employer the ownership title to any carriers on which the Contractor's Documents and other design documents made by (or on behalf of) the Contractor and mentioned in the following sections are fixed. Nothing contained herein shall be constructed as transferring any patent, trademark rights or copyrights in Works covered by this Agreement, and all such rights are hereby expressly reserved to the true and lawful owners thereof. The Contractor shall retain the copyright and other intellectual property rights in the Contractor’s Documents and other documents made by the Contractor. The Contractor grants to the Employer a limited, royalty-free, non- exclusive and non-transferable licence to use the Contractor’s Documents solely for the purposes of operating and maintaining the Works provided by the Contractor pursuant to this agreement at the Site. The Contractor represents and undertakes to ensure that the enforcement of the terms of this clause does not violate any third party rights. The Contractor will use its best efforts to ensure the acquisition by the Employer of the rights specified above. On the basis of art. 392 of the Polish Civil Code, the Contractor releases the Employer from the obligation to make performances for third parties if any claims are raised against the Employer in connection with the violation of copyright, patent, registered design, trade xxxx, trade name or other intellectual or industrial property right, if such claim or proceedings are related to the Copyrighted Documents. In any part of the Copyrighted Documents includes an invention, utility model, design, geographical indication, topography of integrated circuits or any other solution/technology protected by law, in particular by the Law of Industrial Property of 30 June 2000 (Prawo własności przemysłowej) or an international treaty, the Contractor should inform the Employer about that fact when delivering such Copyrighted Documents to the Employer. The fee for the grant of the Licence (with respect to operation and maintenance of the Works), the granting of permits and consents and the performance of other obligations of the Contractor referred to in this clause is covered in full by the Contract Price. At the same time, the Contractor consents to the Employer’s having the Copyrighted Documents and the Derivative Works at its disposal and using them within the scope provided hereby without additional remuneration for the Contractor. In case of a premature termination of this Agreement, the Employer shall return, at his expense, the aforesaid Contractor’s Documents to the Contractor. The customary operating and maintaining manuals, which are submitted to the Employer by the Contractor as part of the Contractor’s Documentation, shall be the property of the Employer. The Employer may utilise the manuals for the operation and maintenance of the Works but are otherwise subject to the restrictions set out as above.