Common use of Intellectual Property and Trademarks Clause in Contracts

Intellectual Property and Trademarks. (i) End User acknowledges and agrees that it does not acquire any intellectual property or other proprietary rights, including patents, copyrights, trademarks, industrial, designs, moral, trade secret or confidential information in or relating to: (a) Sandvine and Affiliates, or their suppliers and licensors, (b) Software, Documentation, or any part thereof, including any Software or Documentation embedded or pre-installed on any Device, (c) any translation or other derivative works relating to Software, Documentation,, or any part thereof, or (d) any logos, trademarks, trade names of Sandvine or Affiliates, or their suppliers and licensors (“Intellectual Property Rights”). (ii) All Intellectual Property Rights belong exclusively to Sandvine and Affiliates, or their suppliers and licensors. End User agrees that it shall not refute or otherwise challenge the ownership of such Intellectual Property Rights. All comments, ideas, changes or other feedback provided by End User to Sandvine regarding the Products or Intellectual Property Rights shall be owned by Sandvine and its Affiliates, or their suppliers and licensors. All rights, title and interest not expressly granted herein are reserved by Xxxxxxxx and Affiliates and their suppliers and licensors. (iii) End User grants Sandvine and Affiliates, and their applicable suppliers and licensors, a worldwide, perpetual, irrevocable, sub-licensable, transferable, royalty-free and non- exclusive license to use, distribute, reproduce, modify, adapt and perform End User content solely for the purpose of performing this Agreement and End User warrants and covenants that it has the right to grant such a license. (iv) Sandvine may obtain Retained Data from Products, such as in the scenarios described in Section 5(xvi). This Retained Data will be deemed to be owned by Sandvine and Sandvine shall have unrestricted title, rights, and interest to the Retained Data, which may include, without limitation, rights to use, distribute, transmit, transfer, share, and assign the Retained Data, and to incorporate or use them, or any functionality or features developed using them, in Sandvine’s commercialization of its Products and services at any time.

Intellectual Property and Trademarks. (i) End User acknowledges and agrees that it does not acquire any intellectual property or other proprietary rights, including patents, copyrights, trademarks, industrial, designs, moral, trade secret or confidential information in or relating to: (a) Sandvine and Affiliates, or their suppliers and licensors, (b) Software, Documentation, or any part thereof, including any Software or Documentation embedded or pre-installed on any Device, (c) any translation or other derivative works relating to Software, Documentation,, or any part thereof, or (d) any logos, trademarks, trade names of Sandvine or Affiliates, or their suppliers and licensors (“Intellectual Property Rights”). (ii) All Intellectual Property Rights belong exclusively to Sandvine and Affiliates, or their suppliers and licensors. End User agrees that it shall not refute or otherwise challenge the ownership of such Intellectual Property Rights. All comments, ideas, changes or other feedback provided by End User to Sandvine regarding the Products or Intellectual Property Rights shall be owned by Sandvine and its Affiliates, or their suppliers and licensors. All rights, title and interest not expressly granted herein are reserved by Xxxxxxxx Sandvine and Affiliates and their suppliers and licensors. (iii) End User grants Sandvine and Affiliates, and their applicable suppliers and licensors, a worldwide, perpetual, irrevocable, sub-licensable, transferable, royalty-free and non- exclusive license to use, distribute, reproduce, modify, adapt and perform End User content solely for the purpose of performing this Agreement and End User warrants and covenants that it has the right to grant such a license. (iv) Sandvine may obtain Retained Data from Products, including Trial Products, Pre-Release Products and Application Identification Products, such as in the scenarios described in Section 5(xvi). This Retained Data will be deemed to be owned by Sandvine and Sandvine shall have unrestricted title, rights, and interest to the Retained Data, which may include, without limitation, rights to use, distribute, transmit, transfer, share, and assign the Retained Data, and to incorporate or use them, or any functionality or features developed using them, in Sandvine’s commercialization of its Products and services at any time.

Intellectual Property and Trademarks. (i) End User acknowledges and agrees that it does not acquire any intellectual property or other proprietary rights, including patents, copyrights, trademarks, industrial, designs, moral, trade secret or confidential information in or relating to: (a) Sandvine and Affiliates, or their suppliers and licensors, (b) Software, DocumentationProducts, or any part thereof, including any Software or Documentation embedded or pre-installed on any Device, (c) any translation or other derivative works relating to Software, Documentation,Products, or any part thereof, or (d) any logos, trademarks, trade names of Sandvine or Affiliates, or their suppliers and licensors (“Intellectual Property Rights”). (ii) All Intellectual Property Rights belong exclusively to Sandvine and Affiliates, or their suppliers and licensors. End User agrees that it shall not refute or otherwise challenge the ownership of such Intellectual Property Rights. All comments, ideas, changes or other feedback provided by End User to Sandvine regarding the Products or Intellectual Property Rights shall be owned by Sandvine and its Affiliates, or their suppliers and licensors. All rights, title and interest not expressly granted herein are reserved by Xxxxxxxx Sandvine and Affiliates and their suppliers and licensors. (iii) IN NO EVENT SHALL SANDVINE OR AFFILIATES, OR THEIR SUPPLIERS OR LICENSORS, BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OR INABILITY TO USE ANY PRODUCTS OR ANY INTELLECTUAL PROPERTY RIGHTS EMBODIED THEREIN AND LICENSED TO END USER PURSUANT TO THIS AGREEMENT, EVEN IF SANDVINE OR AFFILIATES, OR THEIR SUPPLIERS OR LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. (iv) End User grants Sandvine and Affiliates, and their applicable suppliers and licensors, a worldwide, perpetual, irrevocable, sub-licensable, transferable, royalty-free and non- non-exclusive license to use, distribute, reproduce, modify, adapt and perform End User content solely for the purpose of performing this Agreement and End User warrants and covenants that it has the right to grant such a license. (iv) Sandvine may obtain Retained Data from Products, such as in the scenarios described in Section 5(xvi). This Retained Data will be deemed to be owned by Sandvine and Sandvine shall have unrestricted title, rights, and interest to the Retained Data, which may include, without limitation, rights to use, distribute, transmit, transfer, share, and assign the Retained Data, and to incorporate or use them, or any functionality or features developed using them, in Sandvine’s commercialization of its Products and services at any time.

Intellectual Property and Trademarks. (i) End User acknowledges and agrees that it does not acquire any intellectual property or other proprietary rights, including patents, copyrights, trademarks, industrial, designs, moral, trade secret or confidential information in or relating to: (a) Sandvine and Affiliates, or their suppliers and licensors, (b) Software, Documentation, or any part thereof, including any Software or Documentation embedded or pre-installed on any Device, (c) any translation or other derivative works relating to Software, Documentation,, or any part thereof, or (d) any logos, trademarks, trade names of Sandvine or Affiliates, or their suppliers and licensors (“Intellectual Property Rights”). (ii) All Intellectual Property Rights belong exclusively to Sandvine and Affiliates, or their suppliers and licensors. End User agrees that it shall not refute or otherwise challenge the ownership of such Intellectual Property Rights. All comments, ideas, changes or other feedback provided by End User to Sandvine regarding the Products or Intellectual Property Rights shall be owned by Sandvine and its Affiliates, or their suppliers and licensors. All rights, title and interest not expressly granted herein are reserved by Xxxxxxxx Sandvine and Affiliates and their suppliers and licensors. (iii) End User grants Sandvine and Affiliates, and their applicable suppliers and licensors, a worldwide, perpetual, irrevocable, sub-licensable, transferable, royalty-free and non- non-exclusive license to use, distribute, reproduce, modify, adapt and perform End User content solely for the purpose of performing this Agreement and End User warrants and covenants that it has the right to grant such a license. (iv) Sandvine may obtain Retained Data from Products, such as in the scenarios described in Section 5(xvi). This Retained Data will be deemed to be owned by Sandvine and Sandvine shall have unrestricted title, rights, and interest to the Retained Data, which may include, without limitation, rights to use, distribute, transmit, transfer, share, and assign the Retained Data, and to incorporate or use them, or any functionality or features developed using them, in Sandvine’s commercialization of its Products and services at any time.