Licensee Modifications. Any custom modifications or applications for the Software that BrightWork may supply are provided “AS IS” and are not included within Support Services; provided that all damage exclusions and remedy limitations under this Agreement will apply. If Licensee requires support for such custom modifications or applications, Licensee may contact the BrightWork support staff for information on available professional services that may be purchased on a time-basis.
Licensee Modifications. Licensee shall retain full title to any modifications and additions that it makes to Software.
Licensee Modifications. Licensee Modifications (with respect to Intellectual Property therein created by or for Licensee) shall belong solely to Licensee; provided that this Section 5.2 grants no license, permission or immunity with respect to any Licensee Modifications under any Analog Intellectual Property beyond or in addition to the license grants stated in this Agreement that may otherwise apply.
Licensee Modifications. Notwithstanding the provisions of Section 9.1 or any other provision herein to the contrary, Licensee shall be the sole and exclusive owner of all modifications of the Palm Source Code made by or on behalf of Licensee hereunder (collectively, "Modifications"). Licensee agrees to provide Palm, upon Palm's request, copies of all Modifications. Licensee hereby grants to Palm a worldwide, nonexclusive, fully paid, royalty free, irrevocable (except pursuant to Section 15.4) license to use, reproduce, modify, display and distribute the Modifications in source code and/or executable form, including the right to sublicense such rights through single or multiple tiers of distribution. When providing Modifications to Palm, Licensee shall identify to Palm in writing all third party software or other intellectual property in such Modifications which Licensee has licensed and for which Palm needs to seek its own license ("Third Party Software"), including a description of the Third Party Software, the licensor and the price paid by Licensee to obtain such license. Licensee shall not be required to disclose the price to Palm if Licensee is restricted from doing so in its license with such licensor. Subject to receiving such written identification at such time, Palm acknowledges and agrees that its ability to use such Modifications may be subject to acquiring licenses for such Third Party Software from third parties, that it shall be solely responsible for obtaining all such licenses, and that Licensee shall not be obligated to provide or procure such licenses. Except with respect to the Third Party Software which Licensee has identified pursuant to this Section 9.5, the foregoing sentence is not intended to limit Licensee's obligations pursuant to Section 11.3.
Licensee Modifications. Licensee shall, at its own expense, defend and pay any settlements entered into or damages awarded against PalmSource and PalmSource’s Subsidiaries, (collectively “PalmSource Indemnitees”) from and against any claims or suits arising from the Licensee’s willful or negligent failure to perform the Third Party Proxy Services in accordance with the provision of Exhibit D (Service Level Agreement for Third Party Proxy Services) while Licensee is providing the Third Party Proxy Services hereunder or alleging that the Licensee Modifications infringes any third party: (i) patents in the U.S., European Union, Japan, Canada, or Australia or other countries mutually agreed in writing, (ii) copyrights or trade secrets worldwide, or (iii) registered trademark rights in the United States, Canada, Australia, Japan, Switzerland and the European Union.
Licensee Modifications. Licensee will have the right, in its own discretion, to independently modify the Software for its own use, through the services of its own employees or of independent contractors, provided that same agree not to disclose any part of the Software or otherwise violate Licensor's proprietary rights. Such modifications, if approved by Licensor, shall not affect Licensor's warranty or maintenance obligations hereunder. Licensee shall be deemed to be the owner of any such modifications which shall be deemed confidential information of Licensee, provided that Licensee will not be deemed to have obtained any right thereby to distribute the Program. Licensor shall not incorporate any such modifications into its software for distribution to third parties unless it first agrees to pay Licensee a reasonable royalty, pursuant to such reasonable terms as the parties may agree upon.
Licensee Modifications. In no event shall Licensee modify any of the Great American Marks. In the event Licensee desires to modify any of the Personal Lines Marks for its use, Licensee shall submit samples of the modified xxxx to Licensor at least thirty (30) days prior to the commercial use thereof. If Licensor approves in writing of the modified xxxx submitted by Licensee, such approval not to be unreasonably withheld or delayed, that modified xxxx is included in the Personal Lines Marks and Licensee may use the modified xxxx in accordance with the terms and conditions of this Agreement. All right, title and interest in and to any such modified xxxx shall be owned by Licensor. Licensee shall not use any variation of the Licensed Marks which has not been approved by Licensor. Licensee shall not claim ownership of any modified xxxx of Licensor.
Licensee Modifications. Licensee shall have the right (subject to the rights of Custom Nutrition, LLC to the Program), in its own discretion, to independently modify and use the Program for its own purposes, through the services of its own employees or of independent contractors, provided that same agree not to disclose or distribute any part of the Program to any other person or entity or otherwise violate Licensor's proprietary rights therein. Licensee shall be the owner of any such modifications. Such modifications, if approved by Licensor, shall not affect Licensor's warranty or maintenance obligations hereunder. Licensor shall not incorporate any such modifications into its software for distribution to third parties unless it first agrees to pay Licensee a reasonable royalty, pursuant to mutually agreed upon terms.
Licensee Modifications. In the event that Licensee modifies the Jeode Technology in any manner other than development of a Licensee Port (for example, any patches, workarounds, bug fixes or other modifications or enhancements ("Licensee Modification(s)")), then Licensee shall deliver to WRS: 1) all source code and related documentation promptly upon the earlier of a) completion of testing of such Licensee Modification, b) internal deployment within Licensee, or c) release or delivery to any third party; and 2) Licensee shall, in a timely manner, take all steps reasonably requested by WRS to effect the full and effective assignment of ownership of such Licensee Modification to WRS. THIS ASSIGNMENT OF OWNERSHIP OF LICENSEE MODIFICATION(S) CONSTITUTES AN ESSENTIAL PART OF THIS SOURCE LICENSE. NO USE OF THE JEODE TECHNOLOGY IS AUTHORIZED HEREUNDER EXCEPT SUBJECT TO THIS REQUIREMENT.
Licensee Modifications. In the event that Licensee shall develop any Licensee Modifications of the Software or Source Code that do not constitute a Joint Enhancement, Licensee shall retain all right, title and interest in and to such software, and all copyrights, patents, trademarks, service marks or other intellectual property or proprietary rights relating thereto. Licensee, in its sole discretion, may grant to SCS a license to use, modify, sublicense and distribute any such Licensee Modifications on such terms and conditions, including appropriate royalty fees, if any, as the parties may mutually agree upon. In no event shall Licensee grant to any third party, other than an Authorized User, any license or right to use any such Licensee Modifications without first giving SCS the opportunity to obtain such a license on terms and conditions no less favorable than those proposed to be offered by Licensee to any such third party.
