OWNERSHIP OF THE DEVELOPMENTS. 3.1 Assignment of intellectual property rights to the Developments 3.1.1 The Service Provider undertakes to assign to the Client the entirety of the XXXX Clinical Data Platform, and in particular the name “XXXX”, the logo, the domain names “xxxxxx.xx” and “xxxxxx.xx”, the visual identity used, and in particular the database, the web portal and its specific architecture developed in accordance with the clinical protocol BI0101-CL2-002. This platform is an application developed on measure that uses and incorporates several “open source” and/or proprietary components and it cannot under any circumstances be the subject of a patent or intellectual property, except for the name and the data generated by the Client and its counterparties participating in the clinical study. The XXXX platform will remain the property of the client at the expiration of the agreement, delivered and transferred as is onto the servers in the Client. 3.1.2 The rights assigned by the Service Provider to the Client include, pursuant to Articles L.131-3 and L.122-6 of the Intellectual Property Code (the “Assigned Rights”): (a) The right of reproduction: the right to reproduce, without any limitations on number, all or portion of the Developments, on any medium, including hardcopy, optical, digital or any other IT or electronic medium, as well as the loading, display, execution, transmission and storage of the Developments; (b) The right of adaptation: the right to adapt, upgrade or implement new versions or new developments of the Developments, to maintain them or to mix, modify, assemble, transcribe, arrange, digitise, raise, reduce, condense, migrate or expand them; (c) The right of representation: the right to represent, disseminate or distribute the Developments by any means and/or electronic, digital, IT or telecommunication means and/or media, namely for any public for any telecommunication network; (d) The right of use: the right to use and exploit the Developments, personally, in order to conduct any form of processing, on any basis whatsoever and for any purpose. 3.1.3 For all of the Assigned Rights, the following are included: the communication vectors and media of any kind, such as direct or indirect broadcasting by any electronic means, of telecommunication and electronic communication, by satellite or by cable, by mobile, analog or digital terrestrial or satellite broadcasting, in any form, such as television, radio, intranet, internet, ADSL, WAP, i-mode, GSM, GPRS, UMTS, EDGE, and any technology server-element, light-client, heavy-client, cloud data technology, and on any media, present and future, including hardcopy, electronic, magnetic, disk, network, diskette, DVD, CDV, CDI, CD-ROM, CD-WORM. 3.1.4 The Assigned Rights are assigned irrevocably to the Client for the duration of protection of the intellectual property rights, as stipulated by the French Intellectual Property Code and for the entire world. 3.1.5 Access to the source code(s) and object code(s) and the related documentation for all of the Developments is granted for the benefit of the Client. 3.1.6 The transfer price of the Assigned Rights is included in the Remuneration. 3.1.7 The Parties acknowledge that the transfer of the Assigned Rights is carried out on an on-going basis with the implementation of the Developments without resorting to the signing of a new agreement nor any particular formality.
Appears in 3 contracts
Samples: Services Agreement (Biophytis SA), Services Agreement (Biophytis SA), Services Agreement (Biophytis SA)
OWNERSHIP OF THE DEVELOPMENTS. 3.1 Assignment of intellectual property rights to the Developments
3.1.1 The Service Provider undertakes to assign transfer to the Client the entirety of the XXXX XXXX-INT Clinical Data Platform, and in particular the name “XXXX-INT”, the logo, the domain names “xxxxxx.xx” and “xxxxxx.xxmysara.eux”, the visual identity used, and in particular the database, the web portal and its specific architecture developed in accordance with the clinical protocol BI0101-CL2-002003. This platform is an application developed on measure that uses and incorporates several “open source” and/or proprietary components and it cannot under any circumstances be the subject of a patent or intellectual property, except for the name and the data generated by the Client and its counterparties participating in the clinical study. The XXXX XXXX-INT platform will remain the property of the client Client at the expiration of the agreementAgreement, delivered and transferred as is onto the servers in of the Client.
3.1.2 The rights assigned by the Service Provider to the Client include, pursuant to Articles L.131-3 and L.122-6 of the Intellectual Property Code (the “Assigned Rights”):
(a) The right of reproduction: the right to reproduce, without any limitations on unlimited in number, all or a portion of the Developments, on any medium, including hardcopy, optical, digital or any other IT or electronic medium, as well as the loading, display, execution, transmission and storage of the Developmentsdevelopments;
(b) The right of adaptation: the right to adapt, upgrade or implement and create new versions or new developments of the Developments, to maintain them or them, to mix, modify, assemble, transcribe, arrange, digitise, raise, reduce, condense, migrate or expand them;
(c) The right of representation: the right to represent, disseminate or distribute the Developments by any means and/or electronic, digital, IT or telecommunication telecom means and/or media, namely for any public and for any telecommunication network;
(d) The right of use: the right to use and exploit the Developments, personally, in order to conduct any form of processing, on any basis whatsoever and for any purpose.
3.1.3 For all of the Assigned Rights, the following are included: the communication vectors and media of any kind, such as direct or indirect broadcasting by any electronic means, of telecommunication and electronic communication, by satellite or by cable, by mobile, analog or digital terrestrial or satellite broadcasting, in any form, such as television, radio, intranet, internet, ADSL, WAP, i-mode, GSM, GPRS, UMTS, EDGE, and any technology of server-element, light-client, heavy-client, cloud data technology, and on any media, present and future, including hardcopy, electronic, magnetic, disk, network, diskette, DVD, CDV, CDI, CD-ROM, CD-WORM.
3.1.4 The Assigned Rights are assigned irrevocably to the Client for the duration of protection of the intellectual property rights, as stipulated by the French Intellectual Property Code and for the entire world.
3.1.5 Access to the source code(s) and object code(s) and the related documentation for all of the Developments is granted for the benefit of the Client.
3.1.6 The transfer price of the Assigned Rights is included in the Remuneration.
3.1.7 The Parties acknowledge that the transfer of the Assigned Rights is carried out on an on-going basis with the implementation of the Developments without resorting to the signing of a new agreement nor any particular formality.
Appears in 3 contracts
Samples: Services Agreement (Biophytis SA), Services Agreement (Biophytis SA), Services Agreement (Biophytis SA)