Common use of Ownership and Return of Confidential Information and Other Materials Clause in Contracts

Ownership and Return of Confidential Information and Other Materials. All of the Disclosing Party’s Confidential Information, and any Derivative Works thereof whether created by the Disclosing Party or the Receiving Party, remain the property of the Disclosing Party and no license or other rights to the Disclosing Party’s Confidential Information or Derivatives is granted or implied hereby. For purposes of this Agreement, “Derivative Works” shall mean: (i) for copyrightable or copyrighted material, the definition of “derivative work” as set forth in the U.S. Copyright Act, 17 U.S.C. § 101 et seq. (which for purposes of this Agreement shall also be considered “works made for hire” as that term is defined in the U.S. Copyright Act if such is made by a party other than the Disclosing Party); (ii) for patentable or patented material, any improvement thereon; and (iii) for material which is protected by trade secret, any new material derived from such existing trade secret material, including new material which may be protected under copyright, patent and/or trade secret laws. All materials (including, without limitation, documents, drawings, models, apparatus, sketches, designs, lists, and all other tangible media of expression) furnished to the Receiving Party by the Disclosing Party shall remain the property of the Disclosing Party. Within five (5) business days of the Disclosing Party’s request, the Receiving Party shall destroy or deliver to the Disclosing Party, at the Disclosing Party’s option, (a) all materials furnished to the Receiving Party by the Disclosing Party, (b) all tangible media of expression in the Receiving Party’s possession or control which incorporate or in which are fixed any Confidential Information, and (c) written certification of the Receiving Party’s compliance with these obligations.

Appears in 2 contracts

Samples: Mutual Non Disclosure Agreement, Mutual Non Disclosure Agreement

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Ownership and Return of Confidential Information and Other Materials. All Confidential Information of the Disclosing Party’s Confidential Information, Party and any Derivative Works thereof Derivatives thereof, whether created by the Disclosing Party or the Receiving Party, shall remain the property of the Disclosing Party Party, and no license or other rights to the Disclosing Party’s Confidential Information or Derivatives is granted or implied hereby, except as expressly set forth in this Agreement. For purposes of this Agreement, “Derivative WorksDerivatives” shall mean: (i) for copyrightable or copyrighted material, the definition of “derivative work” as set forth any translation, abridgment, revision or other form in the U.S. Copyright Actwhich an existing work may be recast, 17 U.S.C. § 101 et seq. (which for purposes of this Agreement shall also be considered “works made for hire” as that term is defined in the U.S. Copyright Act if such is made by a party other than the Disclosing Party)transformed or adapted; (ii) for patentable or patented material, any improvement thereonthereon until a patent for such material is issued, making such information publicly available; and (iii) for material which is protected by trade secret, any new material derived from such existing trade secret material, including new material which may be protected under copyright, patent and/or trade secret laws. All materials (including, without limitation, documents, drawings, models, apparatus, sketches, designs, lists, lists and all other tangible media of expression) furnished by the Disclosing Party to the Receiving Party by the Disclosing Party shall remain the property of the Disclosing Party. Within At the Disclosing Party’s request and no later than five (5) business days of the Disclosing Party’s after such request, the Receiving Party shall promptly destroy or deliver to the Disclosing Party, at the Disclosing Party’s option, (ai) all materials furnished to the Receiving Party by the Disclosing Party, (bii) all tangible media of expression in the such Receiving Party’s possession or control which to the extent that such tangible media incorporate or in which are fixed any of the Disclosing Party’s Confidential Information, and (ciii) written certification of the Receiving Party’s compliance with these obligationssuch obligations under this sentence.

Appears in 1 contract

Samples: Development Services and Referral Agreement (Document Sciences Corp)

Ownership and Return of Confidential Information and Other Materials. All Confidential Information of the Disclosing Party’s Confidential Information, Party and any Derivative Works thereof Derivatives thereof, whether created by the Disclosing Party or the Receiving Party, shall remain the property of the Disclosing Party Party, and no license or other rights to the Disclosing Party’s 's Confidential Information or Derivatives is granted or implied hereby, except as expressly set forth in this Agreement. For purposes of this Agreement, “Derivative Works” "DERIVATIVES" shall mean: (i) for copyrightable or copyrighted material, the definition of “derivative work” as set forth any translation, abridgment, revision or other form in the U.S. Copyright Actwhich an existing work may be recast, 17 U.S.C. § 101 et seq. (which for purposes of this Agreement shall also be considered “works made for hire” as that term is defined in the U.S. Copyright Act if such is made by a party other than the Disclosing Party)transformed or adapted; (ii) for patentable or patented material, any improvement thereonthereon until a patent for such material is issued, making such information publicly available; and (iii) for material which is protected by trade secret, any new material derived from such existing trade secret material, including new material which may be protected under copyright, patent and/or trade secret laws. All materials (including, without limitation, documents, drawings, models, apparatus, sketches, designs, lists, lists and all other tangible media of expression) furnished by the Disclosing Party to the Receiving Party by the Disclosing Party shall remain the property of the Disclosing Party. Within At the Disclosing Party's request and no later than five (5) business days of the Disclosing Party’s after such request, the Receiving Party shall promptly destroy or deliver to the Disclosing Party, at the Disclosing Party’s 's option, (ai) all materials furnished to the Receiving Party by the Disclosing Party, (bii) all tangible media of expression in the such Receiving Party’s 's possession or control which to the extent that such tangible media incorporate or in which are fixed any of the Disclosing Party's Confidential Information, and (ciii) written certification of the Receiving Party’s 's compliance with these obligationssuch obligations under this sentence.

Appears in 1 contract

Samples: Development Services and Referral Agreement (Document Sciences Corp)

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Ownership and Return of Confidential Information and Other Materials. All Confidential Information of the Disclosing Party’s Confidential Information, and any Derivative Works Derivatives thereof whether created by the Disclosing Party or the Receiving Party, shall remain the property of the Disclosing Party Party, and no license or other rights to the Disclosing Party’s 's Confidential Information or Derivatives is granted or implied hereby, except as expressly set forth in this Agreement. For purposes of this Agreement, “Derivative Works” "Derivatives" shall mean: (i) for copyrightable or copyrighted material, the definition of “derivative work” as set forth any translation, abridgment, revision or other form in the U.S. Copyright Actwhich an existing work may be recast, 17 U.S.C. § 101 et seq. (which for purposes of this Agreement shall also be considered “works made for hire” as that term is defined in the U.S. Copyright Act if such is made by a party other than the Disclosing Party)transformed or adapted; (ii) for patentable or patented material, any improvement thereonthereon until a patent for such material is issued, making such information publicly available; and (iii) for material which is protected by trade secret, any new material derived from such existing trade secret material, including new material which may be protected under copyright, patent and/or trade secret laws. All materials (including, without limitation, documents, drawings, models, apparatus, sketches, designs, lists, lists and all other tangible media of expression) furnished by the Disclosing Party to the Receiving Party by the Disclosing Party shall remain the property of the Disclosing Party. Within At the Disclosing Party's request and no later than five (5) business days of the Disclosing Party’s after such request, the Receiving Party shall promptly destroy or deliver to the Disclosing Party, at the Disclosing Party’s 's option, (ai) all materials furnished to the Receiving Party by the Disclosing Party, (bii) all tangible media of expression in the such Receiving Party’s 's possession or control which to the extent that such tangible media incorporate or in which are fixed any of the Disclosing Party's Confidential Information, and (ciii) written certification of the Receiving Party’s 's compliance with these obligationssuch obligations under this sentence.

Appears in 1 contract

Samples: Strategic Alliance and Services Agreement (Collegeclub Com Inc)

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