Common use of License of Pre-Existing Intellectual Property Clause in Contracts

License of Pre-Existing Intellectual Property. Contractor grants to the Purchasing Entity a nonexclusive, perpetual, royalty-free, irrevocable, license to use, publish, translate, reproduce, transfer with any sale of tangible media or Product, perform, display, and dispose of the Intellectual Property, and its derivatives, used or delivered under this Master Agreement, but not created under it (“Pre- existing Intellectual Property”). The Contractor shall be responsible for ensuring that this license is consistent with any third party rights in the Pre-existing Intellectual Property. Notwithstanding any of the foregoing grants, such license to the Pre-existing Intellectual Property shall be limited by the terms of any applicable End User License Agreement(s), to the extent expressly accepted by the Purchasing Entity, and the Purchasing Entity shall have no right, title or license hereunder to exploit such Pre-existing Intellectual Property for any purpose other than its own use in the course of such Purchasing Entity’s ordinary business. Contractor irrevocably assigns to a Participating Entity who is a state any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity’s state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided in that state for the purpose of carrying out the Contractor's obligations under this Master Agreement or Participating Addendum, including, at the Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action.

License of Pre-Existing Intellectual Property. Contractor grants to the Purchasing Entity a nonexclusivelimited, perpetualnon-exclusive, royaltynon-freetransferable, irrevocablenon-sublicensable, royalty free license to use, publish, translate, reproduce, transfer with any sale of tangible media or Product, perform, display, and dispose of the Intellectual Property, and its derivatives, used or derivatives delivered under this Master Agreement, but not created under it (“Pre- Pre-existing Intellectual Property”). Purchasing Entity can request the right to transfer Pre-Existing Intellectual Property in accordance with Contractor’s transfer policy and Contractor’s approval will not be unreasonably withheld. Transfer of devices or Pre-Existing Intellectual Property between agencies or divisions of the same governmental organization shall not require prior approval. Contractor’s Pre-existing Intellectual Property includes that which is contained in the products, materials, equipment or services, excluding software, that are purchased through this Master Agreement. The Contractor shall be responsible for ensuring that this license is consistent with any third third-party rights in the Pre-existing Intellectual Property. Notwithstanding any of the foregoing grants, such license to the Pre-existing Intellectual Property shall be limited by the terms of any applicable End User License Agreement(s), to the extent expressly accepted by the Purchasing Entity, and the Purchasing Entity shall have no right, title or license hereunder to exploit such Pre-existing Intellectual Property for any purpose other than its own use in the course of such Purchasing Entity’s ordinary business. Contractor irrevocably assigns to a Participating Entity who is a state any claim for relief or cause of action which the Contractor now has or which may accrue to the Contractor in the future by reason of any violation of state or federal antitrust laws (15 U.S.C. § 1-15 or a Participating Entity’s state antitrust provisions), as now in effect and as may be amended from time to time, in connection with any goods or services provided in that state for the purpose of carrying out the Contractor's obligations under this Master Agreement or Participating Addendum, including, at the Participating Entity's option, the right to control any such litigation on such claim for relief or cause of action.