Common use of Intellectual Property Rights and Confidentiality Clause in Contracts

Intellectual Property Rights and Confidentiality. 9.1. LICENSEE acknowledges and explicitly recognises that all intellectual property rights in the Software, including computer programs, related documentation, associated materials and all copies thereof, will be and remain the sole property of INGECIBER. LICENSEE agrees to reproduce the copyright statements on all complete or partial copies made of the Software and/or Documentation. 9.2. LICENSEE will not use INGECIBER’s logo or trademarks in its own marketing materials, without first obtaining INGECIBER’s written authorization. 9.3. Disclosure of any marked confidential information will be limited to the LICENSEE’s employees and Contract Users having a need to access the Software in order to exercise the license. LICENSEE will take all measures necessary to maintain confidence and secrecy on all confidential information for the duration of the license and after its termination. The obligations of this section shall not extend to any information which: (i) was lawfully known to LICENSEE prior the receipt from INGECIBER or the DISTRIBUTOR; or (ii) enters the public domain in general through no wrongful act or breach of this Agreement by LICENSEE; or (iii) is received by LICENSEE from third party having a legal right to disclose such information. 9.4. The Software, as well as all the information and trademarks to it associated, is protected by what disposed in the Berne Convention and the above mentioned law, where the codifying legislation of the intellectual property law, legislation on industrial property and legislation with regard to competence were passed. The user is not allowed to alter or erase the references to the intellectual property rights corresponding to INGECIBER under any circumstances.

Appears in 1 contract

Samples: End User License Agreement

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Intellectual Property Rights and Confidentiality. 9.1. LICENSEE acknowledges and explicitly recognises that all 5.1 Where any intellectual property rights owned or licensed by YOUR ORGANISATION, its partners (“PARTNERS”) or funders (“FUNDERS”) are required to be used in connection with the Softwareprovision of the SERVICES, including computer programsthe CONTRACTOR acknowledges that it shall have no right to use the same except to the extent necessary for the provision of the SERVICES and subject to such consents and restrictions as may be specified by YOUR ORGANISATION. 5.2 Each party will retain all right, related documentationtitle and interest in and to any know-how, associated materials and all copies thereof, will be and patent rights or other intellectual property rights (i) existing on the Effective Date or (ii) coming into existence during the term of this Agreement other than through performance of this Agreement. Any material or other deliverables provided by the CONTRACTOR to YOUR ORGANISATION under or in connection with this Agreement remain the sole property of INGECIBER. LICENSEE agrees to reproduce the copyright statements on all complete or partial copies made CONTRACTOR. 5.3 The CONTRACTOR warrants that the provision of the Software and/or DocumentationSERVICES does not and will not infringe any third party’s Intellectual Property Rights. 9.25.4 It is the responsibility of the disclosing party (“DISCLOSING PARTY”) to clearly indicate in writing when they are disclosing information to another party which they wish to keep confidential. LICENSEE will Such information shall be known as “CONFIDENTIAL INFORMATION”. All Parties shall keep such CONFIDENTIAL INFORMATION confidential and secret and shall not use INGECIBER’s logo or trademarks in its own marketing materialsdisclose or make CONFIDENTIAL INFORMATION available, without first obtaining INGECIBER’s written authorization.directly or indirectly, to any person other than their agents and employees who need the CONFIDENTIAL INFORMATION to enable them to perform their obligations under this Agreement and provided that such agents and employees are also obliged to keep such CONFIDENTIAL INFORMATION confidential and secret. These obligations shall not apply, if any Party can demonstrate by competent proof that such CONFIDENTIAL INFORMATION: 9.3. Disclosure of any marked confidential information will be limited 5.4.1 Was generally available to the LICENSEE’s employees public or otherwise part of the public domain at the time of its disclosure to that Party; 5.4.2 Became generally available to the public or otherwise part of the public domain after its disclosure and Contract Users having a need to access the Software other than through any act or omission of that Party in breach of this Agreement; 5.4.3 Was disclosed by that Party in order to exercise comply with applicable law, governmental regulations or court orders. All Parties hereby agree and undertake that all CONFIDENTIAL INFORMATION shall be and remain at all times the license. LICENSEE will take all measures necessary to maintain confidence sole and secrecy on all confidential information for the duration exclusive property of the license and after its terminationDISCLOSING PARTY. The obligations Upon termination of this section shall not extend to any information which: (i) was lawfully known to LICENSEE prior the receipt from INGECIBER or Agreement the DISTRIBUTOR; or (ii) enters the public domain in general through no wrongful act or breach of this Agreement by LICENSEE; or (iii) is received by LICENSEE from third party having a legal Parties agree that their right to disclose such information. 9.4. The Software, as well as all the information use CONFIDENTIAL INFORMATION shall wholly cease and trademarks undertake to it associated, is protected by what disposed in the Berne Convention and the above mentioned law, where the codifying legislation of the intellectual property law, legislation on industrial property and legislation with regard to competence were passed. The user is not allowed to alter or erase the references return to the intellectual property rights corresponding to INGECIBER under DISCLOSING PARTY all CONFIDENTIAL INFORMATION (including information stored on computer disks) or any circumstancespart thereof and all copies thereof.

Appears in 1 contract

Samples: Service Agreement

Intellectual Property Rights and Confidentiality. 9.1. LICENSEE acknowledges and explicitly recognises that all intellectual property rights in the SoftwareCivilFEM, including computer programs, related documentation, associated materials and all copies thereof, will be and remain the sole property of INGECIBER. LICENSEE acknowledges and explicitly recognises that all intellectual property rights in the MSC software, including computer programs, related documentation, associated materials and all copies thereof, will be and remain the sole property of MSC Software Corporation. XXXXXXXX agrees to reproduce the copyright statements on all complete or partial copies made of the Software and/or Documentation. 9.2. LICENSEE will not use neither INGECIBER’s logo or nor MSC Software Corporation’s logos nor trademarks in its own marketing materials, without first obtaining INGECIBER’s written authorization. 9.3. Disclosure of any marked confidential information will be limited to the LICENSEE’s employees and Contract Users having a need to access the Software in order to exercise the license. LICENSEE will take all measures necessary to maintain confidence and secrecy on all confidential information for the duration of the license and after its termination. The obligations of this section shall not extend to any information which: (i) was lawfully known to LICENSEE prior the receipt from INGECIBER or the DISTRIBUTORSUBDISTRIBUTOR; or (ii) enters the public domain in general through no wrongful act or breach of this Agreement by LICENSEE; or (iii) is received by LICENSEE from third party having a legal right to disclose such information. 9.4. The Software, as well as all the information and trademarks to it associated, is protected by what disposed in the Berne Convention and the above mentioned law, where the codifying legislation of the intellectual property law, legislation on industrial property and legislation with regard to competence were passed. 9.5. The user is not allowed to alter or erase the references to the intellectual property rights corresponding to INGECIBER or MSC Software Corporation under any circumstances.

Appears in 1 contract

Samples: End User License Agreement

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Intellectual Property Rights and Confidentiality. 9.1. LICENSEE acknowledges and explicitly recognises that all intellectual property rights in the SoftwareCivilFEM, including computer programs, related documentation, associated materials and all copies thereof, will be and remain the sole property of INGECIBER. LICENSEE acknowledges and explicitly recognises that all intellectual property rights in the MSC software, including computer programs, related documentation, associated materials and all copies thereof, will be and remain the sole property of MSC Software Corporation. LICENSEE agrees to reproduce the copyright statements on all complete or partial copies made of the Software and/or Documentation. 9.2. LICENSEE will not use neither INGECIBER’s logo or nor MSC Software Corporation’s logos nor trademarks in its own marketing materials, without first obtaining INGECIBER’s written authorization. 9.3. Disclosure of any marked confidential information will be limited to the LICENSEE’s employees and Contract Users having a need to access the Software in order to exercise the license. LICENSEE will take all measures necessary to maintain confidence and secrecy on all confidential information for the duration of the license and after its termination. The obligations of this section shall not extend to any information which: (i) was lawfully known to LICENSEE prior the receipt from INGECIBER or the DISTRIBUTORSUBDISTRIBUTOR; or (ii) enters the public domain in general through no wrongful act or breach of this Agreement by LICENSEE; or (iii) is received by LICENSEE from third party having a legal right to disclose such information. 9.4. The Software, as well as all the information and trademarks to it associated, is protected by what disposed in the Berne Convention and the above mentioned law, where the codifying legislation of the intellectual property law, legislation on industrial property and legislation with regard to competence were passed. 9.5. The user is not allowed to alter or erase the references to the intellectual property rights corresponding to INGECIBER or MSC Software Corporation under any circumstances.

Appears in 1 contract

Samples: End User License Agreement

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