Common use of Ownership of the Service Clause in Contracts

Ownership of the Service. This is not an agreement for the sale of any software. Except where the Parties agree pursuant to an Order or other written agreement between the Parties that title to hardware purchased by Provider transfers from Adtran or its suppliers and/or licensors to Provider, Provider agrees that these Mosaic One Terms and each Order is a term services and license agreement and that as between the Parties, Adtran and its licensors and suppliers own all right, title and interest in all Intellectual Property Rights in and to the Services, the Documentation, the Work Product, Adtran trademarks, the components and any and all configurations, derivative works, know-how, upgrades, updates, developments, modifications, changes, alterations, edits, conversions, improvements or the like made to each of the foregoing (collectively, the “Adtran Property”). All rights not expressly granted under these Mosaic One Terms are reserved to Adtran and its licensors and suppliers, and there are no implied rights. Provider agrees not to undertake any action against Adtran that would in any way preclude Adtran from continuing to develop, use or commercialize the Services, and nothing in these Mosaic One Terms shall be construed to impair, preclude or prohibit Adtran from doing so. Provider agrees not to assert against Adtran or any of its licensors, suppliers, customers, distributors, third party contractors, or others acting under authority of Adtran any claim of infringement based on patent rights arising from or embodied in the Services. Provider agrees to retain and reproduce all copyright, trademark and other proprietary notices contained on or in the Adtran Property as delivered to Provider on all copies of such Adtran Property and shall not seek to remove any such notices. Provider grants to Adtran and its licensors and suppliers a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, corrections, recommendations or other feedback provided by Provider, including any of its Authorized Users, relating to the operation of the Service.

Ownership of the Service. This is not an agreement for the sale of any software. Except where the Parties agree pursuant to an Order or other written agreement between the Parties that title to hardware purchased by Provider transfers from Adtran or its suppliers and/or licensors to Provider, Provider agrees that these Mosaic One Terms and each Order is a term services and license agreement and that as between the Parties, Adtran and its licensors and suppliers own all right, title and interest in all Intellectual Property Rights in and to the Services, the Documentation, the Work Product, Adtran trademarks, the components and any and all configurations, derivative works, know-how, upgrades, updates, developments, modifications, changes, alterations, edits, conversions, improvements or the like made to each of the foregoing (collectively, the “Adtran Property”). All rights not expressly granted under these Mosaic One Terms are reserved to Adtran and its licensors and suppliers, and there are no implied rights. Provider agrees not to undertake any action against Adtran that would in any way preclude Adtran from continuing to develop, use or commercialize the Services, and nothing in these Mosaic One Terms shall be construed to impair, preclude or prohibit Adtran from doing so. Provider agrees not to assert against Adtran or any of its licensors, suppliers, customers, distributors, third party contractors, or others acting under authority of Adtran any claim of infringement based on patent rights arising from or embodied in the Services. Provider agrees to retain and reproduce all copyright, trademark and other proprietary notices contained on or in the Adtran Property as delivered to Provider on all copies of such Adtran Property and shall not seek to remove any such notices. Provider grants to Adtran and its licensors and suppliers a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use or incorporate into the Services any suggestions, enhancement requests, corrections, recommendations or other feedback provided by Provider, including any of its Authorized Users, relating to the operation of the Service.