Ownership and Intellectual Property Rights. 5.1 Party A hereby represents and warrants that it has complete copyrights to the Platform Software as well as the right to license them to Party B. These rights are all its rights as owner of the software, and do not infringe on the rights of others. 5.2 Party B agrees that all Intellectual Property Rights in existence at present or in the future in the Platform Software code and relevant documents belongs to Party A, and Party A shall have the exclusive right to protection thereof. 5.3 Party B agrees that it shall never attempt to register the Platform Software, or make any claim or assertion that may harm the validity of Intellectual Property Rights owned or licensed by Party A. 5.4 Party B will use its best effort to protect the technology licensed from Party A, including but not limited to, developing the implementing system for this purpose, ensuring that unauthorized persons shall have no access to the Platform Software, tools and relevant confidential documents. Party B shall also ensure that the personnel who have access to Platform Software, tools and relevant confidential documents’ content shall not disclose or reproduce them without proper authorization. 5.5 To avoid any doubt, all Intellectual Property Rights and other game rights, including any merge upgraded version or any upgrade, adaption, change and/or modification, and all relevant Intellectual Property Rights to the Platform Software shall belong to Party A, including any upgraded and/or modified versions and all related Intellectual Property Rights thereof. However, all data and data documents (including but not limited to user data, records and data saved in the games’ database, interfacing records, payment records, chat records and other related data generated by the server in the Territory) and files related thereto shall belong to Party B. Unless expressly described herein, neither Party A or Party B has any right in the Intellectual Property Rights of the other. Party B shall not use software (including its upgraded, modified, localized or translated versions) in any way outside the Territory. Party A shall have the right to use, sell and/or license similar software (including its upgraded, modified, localized or translated versions) (i) in any place after performance hereunder is completed; and (ii) in any other country other than the Territory during the term of this Agreement, unless such upgraded, modified, localized or translated versions are created at Party B’s cost.
Appears in 2 contracts
Samples: User Platform Software Distribution and License Agreement (Giant Interactive Group Inc.), User Platform Software Distribution and License Agreement (Giant Interactive Group Inc.)
Ownership and Intellectual Property Rights. 5.1 Party A hereby represents and warrants that it has complete copyrights to the Platform Software and the rights granted as well as the right to license them to Party B. These rights are all its rights as owner of the software, and do not infringe on the rights of others.
5.2 Party B agrees that all Intellectual Property Rights in existence at present or in the future in the Platform Software code and relevant documents belongs to Party A, and Party A shall have the exclusive right to protection thereof.
5.3 Party B agrees that it shall never attempt to register the Platform Software, or make any claim or assertion that may harm the validity of Intellectual Property Rights owned or licensed by Party A.
5.4 Party B will use its best effort to protect the technology licensed from Party A, including but not limited to, developing the implementing system for this purpose, ensuring that unauthorized persons shall have no access to the Platform Softwareplatform software, tools and relevant confidential documents tools and relevant confidential documents. Party B shall also ensure that the personnel who have access to Platform Softwareplatform software, tools and relevant confidential documents’ content documents shall not disclose or reproduce them without proper authorization.
5.5 To avoid any doubt, all Intellectual Property Rights and other game rights, including any merge upgraded version or any upgrade, adaption, change and/or modification, and all relevant Intellectual Property Rights to the Platform Software shall belong to Party A, including any upgraded and/or modified versions and all related Intellectual Property Rights thereof. However, all data and data documents (including but not limited to user data, records and data saved in the games’ database, interfacing records, payment records, chat records and other related data generated by the server in the Territory) and files related thereto shall belong to Party B. Unless expressly described herein, neither Party A or Party B has any right in the Intellectual Property Rights of the other. Party B shall not use software (including its upgraded, modified, localized or translated versions) in any way outside the Territory. Party A shall have the right to use, sell and/or license similar software (including its upgraded, modified, localized or translated versions) (i) in any place after performance hereunder is completed; and (ii) in any other country other than the Territory during the term of this Agreement, unless such upgraded, modified, localized or translated versions are created at Party B’s cost.
Appears in 1 contract
Samples: Platform Software License Agreement (Giant Interactive Group Inc.)
Ownership and Intellectual Property Rights. 5.1 4.1 Party A hereby represents and warrants that it has complete copyrights to the Platform Game Software, User-end Software and Service-end Software and the rights granted as well as the right to license them to Party B. These rights are all its rights as owner of the software, and do not infringe on the rights of others.
5.2 4.2 Party A agrees that all data and data documents (including but not limited to user data, records in the database and stored data, connection log, fee log, chats records and any relevant data) arising from the services’ operation in the Territory, any relevant documents, and all present and future Intellectual Property Rights belong to Party B. Party B shall have the exclusive right to protection thereof. Ownership of these data and data documents will change if: (i) this Agreement is terminated due to Party B’s breach, all data will transfer to Party A free of charge; or (ii) the termination of this Agreement results from mutual covenants or Party A’s breach, all data will transfer to Party A after Party A pays reasonable compensation (the amount to be negotiated between Party A and Party B).
4.3 Party B agrees that all Intellectual Property Rights in existence at present or in the future in the Platform Software code game and other relevant part, game engines, User-end Software, Service-end Software, and relevant documents belongs to Party A, and Party A shall have the exclusive right to protection thereof.
5.3 4.4 Party B agrees that it shall never attempt to register the Platform Software, or make any claim or assertion that may harm the validity of Intellectual Property Rights owned or licensed by Party A.A. Party B agrees that it will not engaged in any action which may attempt to register, assert or claim any harm to the effective of the Intellectual Property Rights owned by Party A or licensee of Party A. At Party A’s reasonable request, Party B shall use relevant files to record Party A’s right of ownership to the original and/or localized form of the game and all related parts, the game engine, and other relevant part, game engines, User-end Software, Service-end Software, and related image of the company. Subject to the express restrictions on the various rights, all Intellectual Property Rights to the original and/or localized form of the games and other relevant part, game engines, User-end Software, Service-end Software and relevant documents content, shall be entrusted to the care of Party A, and Party B shall have no right whatsoever in them.
5.4 4.5 Party B will use its best effort to protect the technology licensed from Party A, including but not limited to, developing the implementing system for this purpose, ensuring that unauthorized persons shall have no access to the Platform game engines, Service-end Software, tools and relevant confidential documents tools and relevant confidential documents. Party B shall also ensure that the personnel who have access to Platform game engines, Service-end Software, tools and relevant confidential documents’ content documents shall not disclose or reproduce them without proper authorization.
5.5 4.6 To avoid any doubt, all Intellectual Property Rights and other game rights, including any merge upgraded version or any upgrade, adaption, change and/or modification, and all relevant Intellectual Property Rights to the Platform Software shall belong to Party A, including any upgraded and/or modified versions and all related Intellectual Property Rights thereof. However, all data and data documents (including but not limited to user data, records and data saved in the games’ database, interfacing records, payment records, chat records and other related data generated by the server in the Territory) and files related thereto shall belong to Party B. Unless expressly described herein, neither Party A or Party B has any right in the Intellectual Property Rights of the other. Party B shall not use software (including its upgraded, modified, localized or translated versions) in any way outside the Territory. Party A shall have the right to use, sell and/or license similar software (including its upgraded, modified, localized or translated versions) (i) in any place after performance hereunder is completed; and (ii) in any other country other than the Territory during the term of this Agreement, unless such upgraded, modified, localized or translated versions are created at Party B’s cost.
4.7 Party B agrees to report any known illegal production copy, illegal use or misuse of Party A’s Intellectual Property Right for this Game Software to Party A, including game initial version and/or local version, and other relevant part, game engines, User-end Software, Service-end Software and relevant documents content. Party B agrees to assist Party A to execute or protect similar materials and also agrees that Party A has the right to xxx for illegal production in legal actions. In the event the illegal production is in connection with Party B’s breach of this Agreement or purposely caused by Party B, then Party B shall be responsible for all costs. 5 ROYALTY FEE The royalty fee shall be paid by Party B to Party A as follows:
Appears in 1 contract
Samples: Online Game Software Distribution and License Agreement (Giant Interactive Group Inc.)
Ownership and Intellectual Property Rights. 5.1 4.1 Party A hereby represents and warrants that it has complete copyrights to the Platform Game Software, User-end Software and Service-end Software and the rights granted as well as the right to license them to Party B. These rights are all its rights as owner of the software, and do not infringe on the rights of others.
5.2 4.2 Party A agrees that all data and data documents (including but not limited to user data, records in the database and stored data, connection log, fee log, chats records and any relevant data) arising from the services’ operation in the Territory, any relevant documents, and all present and future Intellectual Property Rights belong to Party B. Party B shall have the exclusive right to protection thereof. Ownership of these data and data documents will change if: (i) this Agreement is terminated due to Party B’s breach, all data will transfer to Party A free of charge; or (ii) the termination of this Agreement results from mutual covenants or Party A’s breach, all data will transfer to Party A after Party A pays reasonable compensation (the amount to be negotiated between Party A and Party B).
4.3 Party B agrees that all Intellectual Property Rights in existence at present or in the future in the Platform Software code game and other relevant part, game engines, User-end Software, Service-end Software, and relevant documents belongs to Party A, and Party A shall have the exclusive right to protection thereof.
5.3 4.4 Party B agrees that it shall never attempt to register the Platform Software, or make any claim or assertion that may harm the validity of Intellectual Property Rights owned or licensed by Party A.A. Party B agrees that it will not engaged in any action which may attempt to register, assert or claim any harm to the effective of the Intellectual Property Rights owned by Party A or licensee of Party A. At Party A’s reasonable request, Party B shall use relevant files to record Party A’s right of ownership to the original and/or localized form of the game and all related parts, the game engine, and other relevant part, game engines, User-end Software, Service-end Software, and related image of the company. Subject to the express restrictions on the various rights, all Intellectual Property Rights to the original and/or localized form of the games and other relevant part, game engines, User-end Software, Service-end Software and relevant documents content, shall be entrusted to the care of Party A, and Party B shall have no right whatsoever in them.
5.4 4.5 Party B will use its best effort to protect the technology licensed from Party A, including but not limited to, developing the implementing system for this purpose, ensuring that unauthorized persons shall have no access to the Platform game engines, Service-end Software, tools and relevant confidential documents tools and relevant confidential documents. Party B shall also ensure that the personnel who have access to Platform game engines, Service-end Software, tools and relevant confidential documents’ content documents shall not disclose or reproduce them without proper authorization.
5.5 4.6 To avoid any doubt, all Intellectual Property Rights and other game rights, including any merge upgraded version or any upgrade, adaption, change and/or modification, and all relevant Intellectual Property Rights to the Platform Software shall belong to Party A, including any upgraded and/or modified versions and all related Intellectual Property Rights thereof. However, all data and data documents (including but not limited to user data, records and data saved in the games’ database, interfacing records, payment records, chat records and other related data generated by the server in the Territory) and files related thereto shall belong to Party B. Unless expressly described herein, neither Party A or Party B has any right in the Intellectual Property Rights of the other. Party B shall not use software (including its upgraded, modified, localized or translated versions) in any way outside the Territory. Party A shall have the right to use, sell and/or license similar software (including its upgraded, modified, localized or translated versions) (i) in any place after performance hereunder is completed; and (ii) in any other country other than the Territory during the term of this Agreement, unless such upgraded, modified, localized or translated versions are created at Party B’s cost.
4.7 Party B agrees to report any known illegal production copy, illegal use or misuse of Party A’s Intellectual Property Right for this Game Software to Party A, including game initial version and/or local version, and other relevant part, game engines, User-end Software, Service-end Software and relevant documents content. Party B agrees to assist Party A to execute or protect similar materials and also agrees that Party A has the right to xxx for illegal production in legal actions. In the event the illegal production is in connection with Party B’s breach of this Agreement or purposely caused by Party B, then Party B shall be responsible for all costs.
Appears in 1 contract
Samples: Online Game Software Distribution and License Agreement (Giant Interactive Group Inc.)