Common use of Intellectual Property and Proprietary Rights Clause in Contracts

Intellectual Property and Proprietary Rights. a. Licensee shall use commercially reasonable efforts to safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. Licensee shall promptly notify nCipher if Licensee becomes aware of any infringement of the nCipher’s Intellectual Property Rights in the Software and fully cooperate with nCipher, at nCipher’s sole expense, in any legal action taken by nCipher to enforce its Intellectual Property Rights. b. This TERMS OF SERVICE shall not be considered to be a sale of any Intellectual Property Rights or other proprietary interests embodied in the Products or Product component thereof (or any copy, derivative work, upgrade, Update, improvement or modification thereof), and nothing herein shall be deemed to establish or imply that the license granted is a conveyance of any underlying Intellectual Property Rights to the Products. c. All right, title, and interest in and to the Product and all Intellectual Property Rights arising out of or relating to the Product, in whole and in part and all copies thereof, are, and shall remain, the sole and exclusive property of nCipher, nCipher Affiliates, and/or its licensors, except as expressly granted to the Licensee in these TERMS OF SERVICE. nCipher hereby reserves all rights not expressly granted to Licensee. d. The source code of the Software is a confidential trade secret of nCipher. e. nCipher hereby reserves all rights not expressly granted to Licensee. Each Free Software Component is the copyright of its respective copyright owner. Only those terms and conditions specified for, or applicable to, each specific Free Software Component pursuant to its applicable governing license shall be applicable to such Free Software Component.

Intellectual Property and Proprietary Rights. a. Licensee shall use commercially reasonable efforts to safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. Licensee shall promptly notify nCipher if Licensee becomes aware of any infringement of the nCipher’s Intellectual Property Rights in the Software and fully cooperate with nCipher, at nCipher’s sole expense, in any legal action taken by nCipher to enforce its Intellectual Property Rights. b. This TERMS OF SERVICE XXXX shall not be considered to be a sale of any Intellectual Property Rights or other proprietary interests embodied in the Products or Product component thereof (or any copy, derivative work, upgrade, Update, improvement or modification thereof), and nothing herein shall be deemed to establish or imply that the license granted is a conveyance of any underlying Intellectual Property Rights to the Products. c. All right, title, and interest in and to the Product and all Intellectual Property Rights arising out of or relating to the Product, in whole and in part and all copies thereof, are, and shall remain, the sole and exclusive property of nCipher, nCipher Affiliates, and/or its licensors, except as expressly granted to the Licensee in these TERMS OF SERVICEthis XXXX . nCipher hereby reserves all rights not expressly granted to Licensee. d. The source code of the Software is a confidential trade secret of nCipher. e. nCipher hereby reserves all rights not expressly granted to Licensee. Each Free Software Component is the copyright of its respective copyright owner. Only those terms and conditions specified for, or applicable to, each specific Free Software Component pursuant to its applicable governing license shall be applicable to such Free Software Component.

Intellectual Property and Proprietary Rights. a. Licensee shall use commercially reasonable efforts to safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. Licensee shall promptly notify nCipher Thales if Licensee becomes aware of any infringement of the nCipher’s Thales’ Intellectual Property Rights in the Software and shall fully cooperate with nCipherThales, at nCipher’s Thales’ sole expense, in any legal action taken by nCipher Thales to enforce its Intellectual Property Rights. b. This TERMS OF SERVICE XXXX shall not be considered to be a sale of any Intellectual Property Rights or other proprietary interests embodied in the Products or Product component components thereof (or any copy, derivative work, Update, upgrade, Update, improvement or modification thereof), and nothing herein shall be deemed to establish or imply that the license granted is a conveyance of any underlying Intellectual Property Rights to the Products. c. All right, title, and interest in and to the Product and all Intellectual Property Rights arising out of or relating to the Product, in whole and in part and all copies thereof, are, and shall remain, the sole and exclusive property of nCipherThales, nCipher Thales Affiliates, and/or its licensors, except as expressly granted and no title to the Licensee in these TERMS OF SERVICEany of Thales’ Intellectual Property Rights is transferred to Licensee. nCipher Thales hereby reserves all rights not expressly granted to Licensee. d. The source code of the Software is a confidential trade secret of nCipherThales. e. nCipher Thales hereby reserves all rights not expressly granted to Licensee. Each Free Software Component is the copyright of its respective copyright owner. Only those terms and conditions specified for, or applicable to, each specific Free Software Component pursuant to its applicable governing license shall be applicable to such Free Software Component.

Intellectual Property and Proprietary Rights. a. Licensee shall use commercially reasonable efforts to safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. Licensee shall promptly notify nCipher Thales if Licensee becomes aware of any infringement of the nCipher’s Thales’ Intellectual Property Rights in the Software and shall fully cooperate with nCipherThales, at nCipher’s Thales’ sole expense, in any legal action taken by nCipher Thales to enforce its Intellectual Property Rights. b. This TERMS OF SERVICE XXXX shall not be considered to be a sale of any Intellectual Property Rights or other proprietary interests embodied in the Products or Product component components thereof (or any copy, derivative work, Update, upgrade, Update, improvement or modification thereof), and nothing herein shall be deemed to establish or imply that the license granted is a conveyance of any underlying Intellectual Property Rights to the Products. c. All right, title, and interest in and to the Product and all Intellectual Property Rights arising out of or relating to the Product, in whole and in part and all copies thereof, are, and shall remain, the sole and exclusive property of nCipherThales, nCipher Thales Affiliates, and/or its licensors, except as expressly granted and no title to the Licensee in these TERMS OF SERVICEany of Thales’ Intellectual Property Rights is transferred to Licensee. nCipher Thales hereby reserves all rights not expressly granted to Licensee. d. The source code of the Software is a confidential trade secret of nCipherXxxxxx. e. nCipher Thales hereby reserves all rights not expressly granted to Licensee. Each Free Software Component is the copyright of its respective copyright owner. Only those terms and conditions specified for, or applicable to, each specific Free Software Component pursuant to its applicable governing license shall be applicable to such Free Software Component.

Intellectual Property and Proprietary Rights. a. Licensee shall use commercially reasonable efforts to safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. Licensee shall promptly notify nCipher if Licensee becomes aware of any infringement of the nCipher’s Intellectual Property Rights in the Software and fully cooperate with nCipher, at nCipher’s sole expense, in any legal action taken by nCipher to enforce its Intellectual Property Rights. b. This TERMS OF SERVICE XXXX shall not be considered to be a sale of any Intellectual Property Rights or other proprietary interests embodied in the Products or Product component thereof (or any copy, derivative work, upgrade, Update, improvement or modification thereof), and nothing herein shall be deemed to establish or imply that the license granted is a conveyance of any underlying Intellectual Property Rights to the Products. c. All right, title, and interest in and to the Product and all Intellectual Property Rights arising out of or relating to the Product, in whole and in part and all copies thereof, are, and shall remain, the sole and exclusive property of nCipher, nCipher Affiliates, and/or its licensors, except as expressly granted to the Licensee in these TERMS OF SERVICEthis XXXX. nCipher hereby reserves all rights not expressly granted to Licensee. d. The source code of the Software is a confidential trade secret of nCipher. e. nCipher hereby reserves all rights not expressly granted to Licensee. Each Free Software Component is the copyright of its respective copyright owner. Only those terms and conditions specified for, or applicable to, each specific Free Software Component pursuant to its applicable governing license shall be applicable to such Free Software Component.

Intellectual Property and Proprietary Rights. a. Licensee shall use commercially reasonable efforts to safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. Licensee shall promptly notify nCipher Entrust if Licensee becomes aware of any infringement of the nCipherEntrust’s Intellectual Property Rights in the Software and fully cooperate with nCipherEntrust, at nCipherEntrust’s sole expense, in any legal action taken by nCipher Entrust to enforce its Intellectual Property Rights. b. This TERMS OF SERVICE XXXX shall not be considered to be a sale of any Intellectual Property Rights or other proprietary interests embodied in the Products or Product component thereof (or any copy, derivative work, upgrade, Update, improvement or modification thereof), and nothing herein shall be deemed to establish or imply that the license granted is a conveyance of any underlying Intellectual Property Rights to the Products. c. All right, title, and interest in and to the Product and Documentation and all Intellectual Property Rights arising out of or relating to the ProductProduct and Documentation, in whole and in part and all copies thereof, are, and shall remain, the sole and exclusive property of nCipherEntrust, nCipher Entrust Affiliates, and/or its licensors, except as expressly granted to the Licensee in these TERMS OF SERVICEthis XXXX. nCipher Entrust hereby reserves all rights not expressly granted to Licensee. d. The source code of the Software is a confidential trade secret of nCipherEntrust. e. nCipher Entrust hereby reserves all rights not expressly granted to Licensee. Each Free Software Component is the copyright of its respective copyright owner. Only those terms and conditions specified for, or applicable to, each specific Free Software Component pursuant to its applicable governing license shall be applicable to such Free Software Component.

Intellectual Property and Proprietary Rights. a. Licensee shall use commercially reasonable efforts to safeguard all Software (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. Licensee shall promptly notify nCipher Thales if Licensee becomes aware of any infringement of the nCipher’s Thales’ Intellectual Property Rights in the Software and shall fully cooperate with nCipherThales, at nCipher’s Thales’ sole expense, in any legal action taken by nCipher Thales to enforce its Intellectual Property Rights. b. This TERMS OF SERVICE XXXX shall not be considered to be a sale of any Intellectual Property Rights or other proprietary interests embodied in the Products or Product component components thereof (or any copy, derivative work, Update, upgrade, Update, improvement or modification thereof), and nothing herein shall be deemed to establish or imply that the license granted is a conveyance of any underlying Intellectual Property Rights to the Products. c. All right, title, and interest in and to the Product and all Intellectual Property Rights arising out of or relating to the Product, in whole and in part and all copies thereof, are, and shall remain, the sole and exclusive property of nCipherThales, nCipher Thales Affiliates, and/or its licensors, except as expressly granted and no title to the Licensee in these TERMS OF SERVICEany of Thales’ Intellectual Property Rights is transferred to Licensee. nCipher Thales hereby reserves all rights not expressly granted to Licensee. d. The source code of the Software is a confidential trade secret of nCipherofThales. e. nCipher Thales hereby reserves all rights not expressly granted to Licensee. Each Free Software Component is the copyright of its respective copyright owner. Only those terms and conditions specified for, or applicable to, each specific Free Software Component pursuant to its applicable governing license shall be applicable to such Free Software Component.