Common use of Intellectual Property Rights Ownership Clause in Contracts

Intellectual Property Rights Ownership. 8.1 If Customer has fulfilled all of its obligations hereunder (including, without limitation, the payment in full to Service Provider of all amounts due hereunder) and Customer is not in breach of this Agreement, then, with the exception of Pre-Existing Materials and Developer Rights under 8.2, Customer is, and shall be, the sole and exclusive owner of all right, title and interest in and to the Deliverables, including all Intellectual Property Rights therein. Subject to the provisions of this 8.1, (a) Service Provider agrees, and will cause its Service Provider Personnel to agree, that with respect to any Deliverables that may qualify as “work made for hire” as defined in 17 U.S.C. §101, such Deliverables are hereby deemed a “work made for hire” for Customer and (b) to the extent that any of the Deliverables do not constitute a “work made for hire”, Service Provider hereby irrevocably assigns, and shall cause the Service Provider Personnel to irrevocably assign to Customer, in each case without additional consideration, all right, title and interest throughout the world in and to the Deliverables, including all Intellectual Property Rights therein. Notwithstanding the foregoing, if any of the Deliverables can be used on goods Service Provider sells and Customer intends to purchase those types of goods, Customer agrees to purchase those goods exclusively from Service Provider and no third party including, without limitation, any third party manufacturer of the goods.

Intellectual Property Rights Ownership. 8.1 If Customer has fulfilled all of its obligations hereunder (including, without limitation, the payment in full to Service Provider of all amounts due hereunder) and Customer is not in breach of this Agreement, then, with the exception of Pre-Existing Materials and Developer Rights under 8.2, Customer is, and shall be, the sole and exclusive owner of all right, title and interest in and to the Deliverables, including all Intellectual Property Rights therein. Subject to the provisions of this 8.1, (a) Service Provider agrees, and will cause its Service Provider Personnel to agree, that with respect to any Deliverables that may qualify as “work made for hire” as defined in 17 U.S.C. §101, such Deliverables are hereby deemed a “work made for hire” for Customer and (b) to the extent that any of the Deliverables do not constitute a “work made for hire”, Service Provider hereby irrevocably assigns, and shall cause the Service Provider Personnel to irrevocably assign to Customer, in each case without additional consideration, all right, title and interest throughout the world in and to the Deliverables, including all Intellectual Property Rights therein. Notwithstanding the foregoing, if any of the Deliverables can be used on goods Service Provider sells and Customer intends to purchase those types of goods, Customer agrees to purchase those goods exclusively from Service Provider and no third party including, without limitation, any third party manufacturer of the goods.