Common use of Feature Bundle Clause in Contracts

Feature Bundle. When the Software is the Feature Bundle, the following additional terms and conditions apply: (a) Customer’s rights to the Software under the first sentence of Section 3(a) are limited to the right to download, install, use and run the Feature Bundle solely in connection with Customer’s authorized use of Cycle. (b) If Customer or any of its Representatives (other than Company and its Representatives) solely develop or create any new Feature Bundle components or improvements or enhancements to any existing Feature Bundle components (collectively, “Novel Feature Bundle Components”), or if Company has developed or created any Novel Feature Bundle Components specifically and uniquely for Customer under and pursuant to a separate written services agreement or Statement of Work executed by the Parties, then: (1) Customer shall be and remain the owner of all right, title and interest in and to such Novel Feature Bundle Components and all Intellectual Property Rights in and related thereto; (2) such Novel Feature Bundle Components that are developed or created by Company in the manner described above, to the extent possible, shall be considered “work made for hire” for Customer, and to the extent such work is determined not to constitute “work made for hire” as a matter of law, Company hereby irrevocably assigns and transfers to Customer, as of the time of creation of the Novel Feature Bundle Components, any and all right, title, or interest it may have in such Novel Feature Bundle Components, including all Intellectual Property Rights in or related thereto; and (3) Customer hereby grants to Company a non-exclusive, royalty-free, irrevocable, perpetual, fully paid-up, fully transferable, worldwide right and license (with rights to sublicense through multiple tiers of sublicensees) to copy, modify, use, make derivative works of, perform, display, distribute and otherwise exercise any and all present and future Intellectual Property Rights in and related to all Novel Feature Bundle Components (excluding any Customer Confidential Information that may be incorporated in such Novel Feature Bundle Components), including for the benefit of Customer or Company’s other customers.

Feature Bundle. When the Software is the Feature Bundle, the following additional terms and conditions apply: (a) Customer’s rights to the Software under the first sentence of Section 3(a) are limited to the right to download, install, use and run the Feature Bundle solely in connection with Customer’s authorized use of Cycle. (b) If Customer or any of its Representatives (other than Company Xxxxx and its Representatives) solely develop or create any new Feature Bundle components or improvements or enhancements to any existing Feature Bundle components (collectively, “Novel Feature Bundle Components”), or if Company Xxxxx has developed or created any Novel Feature Bundle Components specifically and uniquely for Customer under and pursuant to a separate written services agreement or Statement of Work executed by the Parties, then: (1) Customer shall be and remain the owner of all right, title and interest in and to such Novel Feature Bundle Components and all Intellectual Property Rights in and related thereto; (2) such Novel Feature Bundle Components that are developed or created by Company Xxxxx in the manner described above, to the extent possible, shall be considered “work made for hire” for Customer, and to the extent such work is determined not to constitute “work made for hire” as a matter of law, Company Xxxxx hereby irrevocably assigns and transfers to Customer, as of the time of creation of the Novel Feature Bundle Components, any and all right, title, or interest it may have in such Novel Feature Bundle Components, including all Intellectual Property Rights in or related thereto; and (3) Customer hereby grants to Company Xxxxx a non-exclusive, royalty-free, irrevocable, perpetual, fully paid-up, fully transferable, worldwide right and license (with rights to sublicense through multiple tiers of sublicensees) to copy, modify, use, make derivative works of, perform, display, distribute and otherwise exercise any and all present and future Intellectual Property Rights in and related to all Novel Feature Bundle Components (excluding any Customer Confidential Information that may be incorporated in such Novel Feature Bundle Components), including for the benefit of Customer or Company’s Xxxxx’x other customers.