Common use of Ownership and Intellectual Property Clause in Contracts

Ownership and Intellectual Property. 15.1 Any and all information, property or materials disclosed to Supplier remains the property of Customer. Supplier is not entitled to make use of or refer to any trademark, trade name, domain name, patent, design, copyright, or other intellectual property right of Customer or any of its Affiliates, unless prior obtained written consent of Customer. Any authorized use shall be strictly in accordance with the instructions and for the purposes specified. 15.2 Supplier warrants that the Goods and/or Services, alone or in combination, will not result in or give rise to any infringement or misappropriation of any intellectual property right of a third party. 15.3 Supplier hereby assigns by way of present and future assignment all intellectual property rights, know-how, copyrights and other rights developed by or on behalf of Supplier (“Rights”) explicitly for or on instructions of Customer. In the event that such assignment is not possible due to legal reasons, Supplier hereby grants Customer and its Affiliates an unlimited, royalty-free, global, transferable and irrevocable license to the Rights and will perform all required actions to this end. 15.4 All intellectual property rights to software, including source code, sub-software and documentation, developed explicitly for Customer or on Customer’s instructions shall rest with or be transferred to Customer. Intellectual property rights to other software shall remain with Supplier and Supplier shall grant Customer a non-exclusive, non-transferable, irrevocable, perpetual license not limited to specific equipment or location. Customer is allowed to provide sub-licenses to other DSM Group companies.

Ownership and Intellectual Property. 15.1 Any and all information, property or materials disclosed to Supplier remains the property of Customer. Supplier is not entitled to make use of or refer to any trademark, trade name, domain name, patent, design, copyright, or other intellectual property right of Customer or any of its AffiliatesDSM (Group), unless with prior obtained written consent of Customer. Any authorized use shall be strictly in accordance with the instructions and for the purposes specified. 15.2 Supplier warrants that the Goods and/or Services, alone or in combination, will do not result in or give rise to any infringement or misappropriation of infringe any intellectual property right rights of a third party. 15.3 Supplier hereby assigns to Customer by way of present and future assignment all intellectual property rights, know-know- how, copyrights and other rights developed by or on behalf of Supplier (“Rights”) explicitly for or on instructions of Customer. In the event that such assignment is not possible due to legal reasons, Supplier hereby grants Customer and its Affiliates an unlimited, royalty-free, global, transferable and irrevocable license to the Rights and will perform all required actions to this end. 15.4 All intellectual property rights to software, including source code, sub-software and documentation, developed explicitly for Customer or on Customer’s instructions shall rest with or be transferred to Customer. Intellectual property rights to other software shall remain with Supplier and Supplier shall grant Customer a non-exclusive, non-transferable, irrevocable, perpetual license not limited to specific equipment or location. Customer is allowed to provide sub-licenses to other DSM Group (Group) companies.