Intellectual Property Ownership and Use Rights. 14.1. Makro, Massmart, its Affiliates, and their service providers and licensors retain all right, title and interest (including any Intellectual Property Rights) in and to:
14.1.1. All Makro, Massmart and/or their Affiliates Intellectual Property;
14.1.2. Makro Marketplace, the Makro Sites, the Makro Marketplace Tools, and the Makro Marketplace Services;
14.1.3. Makro and Massmart (and their affiliates) brands, logos, names and/or content;
14.1.4. Any and all Content on the Makro Marketplace and in any Makro Marketplace reports;
14.1.5. Any and all training material in respect of the Makro Marketplace Programme;
14.1.6. any and all Customer Data, Customer Databases and/or Customer information (including any Customer Personal Information and in accordance with POPIA) 14.1.7. any of their Confidential Information.
14.2. Except for a limited right for the Seller to access the Makro Marketplace Sites and Makro Marketplace Tools made available to the Seller in accordance with and subject to all the terms and conditions of this Agreement, Makro, Massmart and its affiliates, and their service providers and licensors, as applicable, retain all rights in the foregoing and grant no other rights or licenses (whether by implication, estoppel, or otherwise) under any of their Intellectual Property Rights under or in connection with this Agreement.
14.3. Makro owns (and the Seller hereby assign to Makro) all Transaction Information and all other information relating to Orders or Products, including, but not limited to, information that is entered into Makro Marketplace Tool, information that is created as a result of a transaction, and ratings and reviews provided by Customers. All such information is subject to the Massmart Privacy Policy and any additional privacy guidelines posted by Makro on Seller Center.
14.4. The Seller may only use Transaction Information to further a transaction related to this Agreement, in accordance with the terms of the Agreement, Customer terms and conditions, the Massmart Privacy Policy, and all applicable Law.
14.5. The Seller will not:
14.5.1. disclose or convey any Transaction Information to any third party (except as necessary to perform the Sellers obligations under the Agreement;
14.5.2. use any Transaction Information to conduct customer surveys or for any marketing or promotional purposes;
14.5.3. contact a Customer that has ordered a Product that has not yet been delivered with the intent to collect any amounts in connection the...
Intellectual Property Ownership and Use Rights. 2.1. Licensee Data belongs exclusively to Licensee, regardless of where the Data may reside at any moment in time, including but not limited to Licensor hardware, networks or other infrastructure and facilities where Data may reside, transit through or be stored from time to time. Licensor makes no claim to any right of ownership in Licensee Data. If Licensor is granted access to Licensee’s Data, Xxxxxxxx agrees to keep the Licensee Data Confidential as that term is defined in the Agreement. Licensor is not permitted to use Licensee’s data for any purpose that is not explicitly grated in writing by Licensee. Upon Licensee’s request, for any reason whatsoever, Licensor must, to the extent it is reasonably practicable to do so, promptly return all Licensee Data in Licensor’s possession in comma separated value (CSV) format or other format as may be designated at the time of the request by Licensee.
Intellectual Property Ownership and Use Rights. To the extent applicable during the Term: Any and all materials, information, or other work product created, prepared, accumulated or developed by Seller for Buyer in the course of providing Energy Efficiency Services to Buyer from the Project shall be the (“Energy Efficiency Services Work Product”) that includes, but is not limited to, the inventions, processes, templates, documents, drawings, computer programs, designs, calculations, maps, plans, workplans, text, filings, estimates, manifests, certificates, books, specifications, sketches, notes, reports, summaries, analyses, customer project data and its data analytics, manuals, visual materials, data models and samples, including summaries, extracts, analyses and preliminary or draft materials developed in connection therewith, shall be owned by Buyer. Energy Efficiency Services Work Product will be owned by Xxxxx upon its creation and Seller agrees to execute any such other documents or take other actions as Buyer may reasonably request to perfect Buyer’s ownership in the Energy Efficiency Services Work Product. If, and to the extent Seller incorporates any pre-existing or separately developed materials or intellectual property rights (“Seller’s Pre‐Existing Materials”) in Energy Efficiency Services Work Product, Seller hereby grants Buyer on behalf of its customers and the CPUC for governmental and regulatory purposes an irrevocable, assignable, non‐exclusive, perpetual, fully paid up, worldwide, royalty‐free, unrestricted license to use and sublicense others to use, reproduce, display, prepare and develop derivative works, perform, distribute copies of Seller’s Pre-Existing Materials for the sole purpose of using such Energy Efficiency Services Work Product for the conduct of Buyer’s business and for disclosure to the CPUC for governmental and regulatory purposes related thereto. Unless otherwise expressly agreed to by the Parties, Seller shall retain all of its rights, title and interest in Seller’s Pre‐Existing Materials. Any and all claims to Seller’s Pre‐Existing Materials to be furnished or used to prepare, create, develop or otherwise manifest the Distribution Service Work Product must be expressly disclosed to Buyer prior to the Initial Delivery Date.
Intellectual Property Ownership and Use Rights
