Common use of Ownership of the Product Clause in Contracts

Ownership of the Product. All Intellectual Property evidenced by or embodied in and/or related to the Marks and the Product and/or any derivative work thereof or invention relating thereto, shall be owned solely by the Company. The Company has not been determined to be infringing any patents or similar rights with respect to the Products. The Agent acknowledges that except for the right of use expressly provided hereunder in connection with the marketing and selling the Product or any units of the Product, the Company does not convey any Intellectual Property to the Agent hereunder, and that the Agent has not, does not, and shall not acquire any intellectual property rights with respect to the Product, and/or any invention relating thereto.

Ownership of the Product. All Intellectual Property evidenced by or embodied in and/or related to the Marks and the Product and/or any derivative work thereof or invention relating thereto, shall be owned solely by the Company. The Company has not been determined to be infringing any patents or similar rights with respect to the Products. The Agent acknowledges that except for the right of use expressly provided hereunder in connection with the marketing and selling the Product or any units of the Product, the Company does not convey any Intellectual Property to the Agent hereunder, and that the Agent has not, does not, and shall not acquire any intellectual property rights with respect to the Product, and/or any invention relating thereto. CERTAIN PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED BASED UPON A REQUEST FOR CONFIDENTIAL TREATMENT AND THE NON-PUBLIC INFORMATION HAS BEEN FILED WITH THE SECURITIES AND EXCHANGE COMMISSION.