Common use of Ownership of Work Product Clause in Contracts

Ownership of Work Product. For purposes of this Agreement, "Work Product" includes, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, or modified for Apple do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of Apple. Seller hereby agrees to irrevocably assign and transfer to Apple and does hereby assign and transfer to Apple all of its worldwide right, title, and interest in and to the Work Product including all associated intellectual property rights. Apple will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple all Work Product in its possession; (b) to assist Apple in every reasonable way, at Apple's expense, to secure, perfect, register, apply for, maintain, and defend for Apple's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple NETAPP without having been designed, customized, customized or modified for Apple NETAPP do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleNETAPP. Seller hereby agrees to irrevocably assign and transfer to Apple NETAPP and does hereby assign and transfer to Apple NETAPP all of its worldwide right, title, title and interest in and to the Work Product upon its creation including all associated intellectual property rightsrights to the maximum extent permitted by applicable laws. Apple NETAPP will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright copyright, design rights or trademark in its own name, name or to follow any other procedure that Apple NETAPP deems appropriate. Seller agrees: (a) to disclose promptly and upon its creation in writing to Apple NETAPP all Work Product in its possession; (b) to assist Apple NETAPP in every reasonable way, at AppleNETAPP's expense, to secure, perfect, register, apply for, maintain, and defend for AppleNETAPP's benefit all copyrights, patent rights, design rights, trade marks, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's NETAPP’s name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple NETAPP Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple NETAPP to Seller shall remain the sole property of Apple. NETAPP and in particular the right of reproduction (including the right to copy, use, install deploy), the right of performance, the right of modification (right to correct, fix, revise, translate, improve, adapt or perform any other modifications), the right to study and test, the right to decompile, the right to disclose to third parties, the right to commercialise and to sublicense, for the term of the legal protection of the applicable intellectual property rights and whatever the media whether present or future Seller hereby waives and will ensure that Seller Parties Seller's Assistants upon their creation appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple NETAPP any and all rights or any interests in any Work Product or original works created in connection with this AgreementAgreement to the maximum extent permitted by applicable laws. Seller irrevocably agrees not to assert against Apple NETAPP or its direct or indirect customers, assigneesassignees or licensees, or licensees distributors any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple NETAPP will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple Confidential InformationInformation of NETAPP, unless (i) such works relate to AppleNETAPP's business, or AppleNETAPP's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleNETAPP. Except for works within (i) or (ii) of the preceding sentence which shall be works owned by NETAPP, for any other works within the preceding sentence not owned by NETAPP but which are necessary to use the Goods and Services for their intended purposes, Seller hereby grants NETAPP a non-exclusive, irrevocable, perpetual, worldwide, royalty free, fully paid-up license to make, have made, sell, demonstrate, use, reproduce, modify, create derivative works based on such works, and sublicense such works, including the right to sublicense through multiple tiers of distribution.

Ownership of Work Product. For (a) The Company shall own all Work Product (as defined below). To the extent permitted by law, All Work Product shall be considered work made for hire by Consultant and owned by the Company. (b) If any of the Work Product may not, by operation of law, be considered work made for hire by Consultant for the Company (or if ownership of all right, title and interest of the intellectual property rights therein shall not otherwise vest exclusively in the Company), Consultant agrees to assign, and upon creation thereof automatically assigns, without further consideration, the ownership of all Trade Secrets (as defined below), U.S. and international copyrights, patentable inventions, and other intellectual property rights therein to the Company, its successors and assigns. (c) The Company, it successors and assigns, shall have the right to obtain and hold in its or their own name copyrights, registrations, and any other protection available in the foregoing. (d) Consultant agrees to perform upon the reasonable request of the Company, during or after Consultant's employment, such further acts as may be necessary or desirable to transfer, perfect and defend the Company's ownership of the Work Product. When requested, Consultant will (i) Execute, acknowledge and deliver any requested affidavits and documents of assignment and conveyance; (ii) Obtain and aid in the enforcement of copyrights (and, if applicable, patents) with respect to the Work Product in any countries; (iii) Provide testimony in connection with any proceeding affecting the right, title or interest of the Company in any Work Product; and (iv) Perform any other acts deemed necessary or desirable to carry out the purposes of this Agreement. The Company shall reimburse all reasonable out-of-pocket expenses incurred by Consultant at the Company's request in connection with the foregoing, including (unless Consultant is otherwise being compensated at the time) a reasonable per diem or hourly fee for services rendered following termination of Consultant's employment. (e) For purposes hereof, "Work Product" includes, without limitation, shall mean all designs, design intellectual property rights, discoveriesincluding all Trade Secrets, creationsU.S. and international copyrights, works, devices, masks, models, work in progress, Service deliverables, patentable inventions, products, computer programs, procedures, discoveries and improvements, developmentsand other intellectual property rights, drawingsin any programming, notesdocumentation, documentstechnology or other work product that relates to the business and interests of the Company and that Consultant conceives, information develops, or delivers to the Company at any time during the term of Consultant's employment. "Work Product" shall also include all intellectual property rights in any programming, documentation, technology or other work product that is now contained in any of the products or systems (including development and materials made, support systems) of the Company to the extent Consultant conceived, developed or developed by Seller, alone or with others, which result from or relate delivered such Work Product to the Services performed hereunder, Company prior to the date of this Agreement while Consultant was engaged as an independent contractor or Consultant of the Company. Consultant hereby irrevocably relinquishes for the benefit of the Company and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, or modified for Apple do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer its assigns any Work Product without the prior written consent of Apple. Seller hereby agrees to irrevocably assign and transfer to Apple and does hereby assign and transfer to Apple all of its worldwide right, title, and interest moral rights in and to the Work Product including all associated intellectual property rights. Apple will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple all Work Product in its possession; (b) to assist Apple in every reasonable way, at Apple's expense, to secure, perfect, register, apply for, maintain, and defend for Apple's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied recognized by Apple to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Appleapplicable law.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple NETAPP without having been designed, customized, customized or modified for Apple NETAPP do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleNETAPP. Seller hereby agrees to irrevocably assign and transfer to Apple NETAPP and does hereby assign and transfer to Apple NETAPP all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple NETAPP will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple NETAPP deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple NETAPP all Work Product in its possession; (b) to assist Apple NETAPP in every reasonable way, at Apple's NETAPPs expense, to secure, perfect, register, apply for, maintain, and defend for Apple's NETAPPs benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in AppleNETAPP's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple NETAPP Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple NETAPP to Seller shall remain the sole property of AppleNETAPP. Seller hereby waives and will ensure that Seller Parties Seller's Assistants appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple NETAPP any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Apple NETAPP or its direct or indirect customers, assigneesassignees or licensees, or licensees distributors any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple NETAPP will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple NETAPP Confidential Information, unless (i) such works relate to Apple's NETAPPs business, or Apple's NETAPPs actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleNETAPP. Except for works within (i), (ii) or (iii) of the preceding sentence which shall be works owned by NETAPP, for any other works within the preceding sentence not owned by NETAPP but which are necessary to use the Goods and Services for their intended purposes, Seller hereby grants NETAPP a non-exclusive, irrevocable, perpetual, worldwide, royalty free, fully paid- up license to make, have made, sell, demonstrate, use, reproduce, modify, create derivative works based on such works, and sublicense such works, including the right to sublicense through multiple tiers of distribution.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includes, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, or modified for Apple do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of Apple. Seller hereby agrees to irrevocably assign and transfer to Apple and does hereby assign and transfer to Apple all of its worldwide right, title, and interest in and to the Work Product including all associated intellectual property rights. Apple will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple all Work Product in its possession; (b) to assist Apple in every reasonable way, at Apple's expense, to secure, perfect, register, apply for, maintain, and defend for Apple's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties Seller's Agents appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includes, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods Products manufactured by Seller and sold to Apple RMG without having been designed, customized, or modified for Apple RMG do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleRMG. Seller hereby agrees to irrevocably assign and transfer to Apple RMG and does hereby assign and transfer to Apple RMG all of its worldwide right, title, and interest in and to the Work Product including all associated intellectual property rights. Apple RMG will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple RMG deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple RMG all Work Product in its possession; (b) to assist Apple RMG in every reasonable way, at AppleRMG's expense, to secure, perfect, register, apply for, maintain, and defend for AppleRMG's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in AppleRMG's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple RMG Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple RMG to Seller shall remain the sole property of AppleRMG. Seller hereby waives and will ensure that Seller Parties Seller's Affiliates appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple RMG any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Apple RMG or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple RMG will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple RMG Confidential Information, unless (i) such works relate to AppleRMG's business, or AppleRMG's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple NETAPP without having been designed, customized, customized or modified for Apple NETAPP do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleNETAPP. Seller hereby agrees to irrevocably assign and transfer to Apple NETAPP and does hereby assign and transfer to Apple NETAPP all of its worldwide right, title, title and interest in and to the Work Product upon its creation including all associated intellectual property rightsrights to the maximum extent permitted by applicable laws. Apple NETAPP will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright copyright, design rights or trademark in its own name, name or to follow any other procedure that Apple NETAPP deems appropriate. Seller agrees: (a) to disclose promptly and upon its creation in writing to Apple NETAPP all Work Product in its possession; (b) to assist Apple NETAPP in every reasonable way, at AppleNETAPP's expense, to secure, perfect, register, apply for, maintain, and defend for AppleNETAPP's benefit all copyrights, patent rights, design rights, trade marks, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's NETAPP’s name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple NETAPP Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple NETAPP to Seller shall remain the sole property of Apple. NETAPP and in particular the right of reproduction (including the right to copy, use, install deploy), the right of performance, the right of modification (right to correct, fix, revise, translate, improve, adapt or perform any other modifications), the right to study and test, the right to decompile, the right to disclose to third parties, the right to commercialise and to sublicense, for the term of the legal protection of the applicable intellectual property rights and whatever the media whether present or future Seller hereby waives and will ensure that Seller Parties Xxxxxx's Assistants upon their creation appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple NETAPP any and all rights or any interests in any Work Product or original works created in connection with this AgreementAgreement to the maximum extent permitted by applicable laws. Seller irrevocably agrees not to assert against Apple NETAPP or its direct or indirect customers, assigneesassignees or licensees, or licensees distributors any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple NETAPP will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple Confidential InformationInformation of NETAPP, unless (i) such works relate to AppleNETAPP's business, or AppleNETAPP's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleNETAPP. Except for works within (i) or (ii) of the preceding sentence which shall be works owned by NETAPP, for any other works within the preceding sentence not owned by NETAPP but which are necessary to use the Goods and Services for their intended purposes, Seller hereby grants NETAPP a non-exclusive, irrevocable, perpetual, worldwide, royalty free, fully paid-up license to make, have made, sell, demonstrate, use, reproduce, modify, create derivative works based on such works, and sublicense such works, including the right to sublicense through multiple tiers of distribution.

Ownership of Work Product. For purposes 26.1 Bank of America will own exclusively all Work Product. Work Product, to the extent permitted by law, shall be deemed “works made for hire” (as that term is defined in the United States Copyright Act). To the extent the Work Product is not “works made for hire,” Supplier hereby assigns to Bank of America all right, title and interest (including all Intellectual Property Rights in the Work Product). Supplier shall provide Bank of America upon request with all assistance reasonably required to register or perfect such right, title and interest, including providing pertinent information and, executing all applications, specifications, oaths, assignments and all other instruments that Bank of America shall deem necessary in order to apply for and obtain such right, title and interest. Supplier shall enter into agreements with all of its Representatives and Subcontractors necessary to establish Bank of America’s sole ownership in the Work Product. Bank of America acknowledges Supplier’s and its licensors’ claims of proprietary rights in preexisting works of authorship and other intellectual property Supplier uses in its work pursuant to this Agreement. Bank of America does not claim any right not expressly granted by this Agreement in such works or intellectual property, which shall not be Work Product, even if incorporated with Work Product in the product Supplier delivers to Bank of America. Unless otherwise agreed in a SOW, Supplier grants Bank of America a perpetual, worldwide, irrevocable (subject to payment of the applicable mutually agreed upon amounts with respect to such Work Product), nonexclusive, royalty free license to any Intellectual Property Rights embedded in the Work Product, which shall permit Bank of **** Certain information has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. America and any transferee or sublicensee of Bank of America, subject to the restrictions in this Agreement, "Work Product" includesto use and modify such embedded materials as necessary or desirable for, without limitationbut solely in connection with, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, or modified for Apple do not constitute full use of the Work Product. All Supplier and its personnel shall retain the right to use their general knowledge, experience, and know-how developed by Supplier in creating Work Product hereunder, including but not limited to use in connection with other client engagements entered into by Supplier, and as part of products or in the course of performing services for such other clients, but only to the extent that such items do not constitute, contain or embody Confidential Information of Bank of America and Supplier may not under any circumstance use for its benefit or the benefit of any third parties, or distribute, license or sale, Work Product to any other third party. 26.2 Supplier shall at all times promptly notify Bank of America in writing, of any threat, or the filing of any action, suit or proceeding, against Supplier, its Affiliates, Subcontractors or Representatives, (i) alleging infringement, misappropriation or other violation of any Intellectual Property Right related to any product, Work Product or Service furnished under this Agreement, or (ii) in which an adverse decision would reasonably be expected to have a material adverse effect on the Supplier or the use by Bank of America of the products, Work Product or Services furnished under this Agreement. 26.3 Without limiting its obligations under the Section entitled “Confidentiality and remain Information Protection”, Supplier acknowledges and agrees that it may use Customer Information and Consumer Information, subject to the sole provisions set forth in the Section entitled “Confidentiality and exclusive property Information Protection” set forth above, solely to provide, support and enhance the Services; provided, however, it may use, sell, license, distribute and disclose derivative data based originally on Customer Information and Consumer Information that has been compiled and aggregated with other data (“Aggregated Data”), provided that such Aggregated Data does not set forth the names, addresses, phone numbers, email addresses, account numbers or any non-publicly available personally identifiable information concerning such customers, consumers or other persons. In addition to the foregoing, Aggregated Data will not be identifiable as associated with a particular person or Bank of Apple America. Supplier will not use the Customer Information or Consumer Information in any manner (a) prohibited by law and Seller (b) not permitted under this Agreement. Supplier shall not be entitled use Aggregated Data to use market any of its products or reverse engineer any Work Product services to Bank of America customers without the prior express written consent of Apple. Seller hereby Bank of America. 26.4 The parties further agree as follows in connection with the Services in X-0, X-0, and A-3: (a) Supplier understands and agrees to irrevocably assign that Bank of America is the exclusive owner of and transfer to Apple holds and does hereby assign and transfer to Apple shall retain, all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple will have the sole right to determine the treatment of any Work ProductBank Materials, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple limitation all Work Product in its possession; Intellectual Property therein. (b) Bank of America hereby grants to assist Apple in every reasonable waySupplier a nonexclusive, at Apple's expenseworldwide, revocable and royalty-free right and license to securestore, perfectreproduce, registerdisplay, apply forperform, maintain, transmit and defend use the Bank Materials on the applicable Service pages solely for Apple's the purpose of operating the Services for the benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks of Bank of America and all other proprietary rights or statutory protections in and its customers. Subject to the Work Product limitations contained in Apple's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this Agreement, Supplier grants to Bank of America a nonexclusive, non-transferable, limited license to display or link to the Services on the Bank of America Site. All tools and equipment supplied by Apple to Seller shall remain In the sole property event Bank of Apple. Seller hereby waives and America is licensing the SDK Service, any license grants/restrictions will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and be set forth in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.appropriate SCHEDULE A.

Ownership of Work Product. (a) For purposes of this AgreementOrder, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service service deliverables, inventions, products, Special Tooling, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services services performed or Products delivered hereunder, and all copies thereof. Standard Goods Products manufactured by Seller and sold to Apple Buyer without having been designed, customized, customized or modified in any way for Apple Buyer do not constitute Work Product. All Work Product Product, if Buyer pays the purchase price relevant for that Work Product, shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleBuyer. Seller hereby agrees to irrevocably assign and transfer to Apple Xxxxx and does hereby assign and transfer to Apple Buyer all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple Seller hereby waives any and all moral and other rights in any Work Product or any other intellectual property created, developed or acquired in respect of the Products. Buyer will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple Buyer deems appropriate. Seller agrees: (ai) to disclose promptly in writing to Apple Buyer all Work Product in its possession; (bii) to assist Apple Buyer in every reasonable way, at Apple's Buyer’s expense, to secure, perfect, register, apply for, maintain, and defend for Apple's Buyer’s benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's Buyer’s name as it deems appropriate; and (ciii) to otherwise treat all Work Product as Apple Buyer Confidential Information as described abovedefined herein. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple Buyer to Seller shall remain the sole property of Apple. Buyer. (b) Seller hereby waives and will ensure that Seller Parties Seller's subcontractors appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple Buyer any and all rights or any interests in any Work Product or original works created in connection with this AgreementOrder. Seller irrevocably agrees not to assert against Apple Buyer or its direct or indirect customers, assignees, assignees or licensees any claim of any intellectual property rights of Seller Buyer affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple . (c) Buyer will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple Buyer Confidential Information, unless (unless: i) such works relate to Apple's Buyer’s business, or Apple's Buyer’s actual or demonstrably anticipated research or development, ; or (ii) such works result from any Services services performed by Seller for AppleBuyer.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Vendor alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller Vendor and sold to Apple Savvis without having been designed, customized, customized or modified for Apple Savvis do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple Savvis. Vendor and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of Apple. Seller Xxxxxx’s Assistants hereby agrees agree to irrevocably assign and transfer to Apple Xxxxxx and does hereby assign and transfer to Apple Savvis all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple Vendor and Vendor’s Assistants hereby irrevocably waive any and all of Vendor’s or Vendor’s Assistant’s moral rights in and to the Work Product and, to the extent Vendor or Vendor’s Assistants are not the author(s) of the Work Product, Vendor and Vendor’s Assistants hereby assign to Savvis (including its successors, assigns and licensees) any applicable waiver of moral rights in and to the Work Product, for all purposes and for the full term of any such rights. Savvis will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple Savvis deems appropriate. Seller agreesVendor and Vendor’s Assistants agree: (a) to disclose promptly in writing to Apple Savvis all Work Product in its possession; (b) to assist Apple Savvis in every reasonable way, at Apple's Savvis’ expense, to secure, perfect, register, apply for, maintain, and defend for Apple's Savvis’ benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's Savvis’ name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Savvis Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple Savvis to Seller Vendor shall remain the sole property of AppleSavvis. Seller hereby waives and Vendor will ensure that Seller Parties Vendor's Assistants appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple Savvis any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller Vendor irrevocably agrees not to assert against Apple Savvis or its direct or indirect customers, assignees, assignees or licensees any claim of any intellectual property rights of Seller Vendor affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple Savvis will not have rights to any works conceived or reduced to practice by Seller Vendor which were developed entirely on SellerVendor's own time without using reliance on or use of Savvis’ equipment, supplies, facilities, or trade secret or Apple secrets and/or Savvis Confidential Information, unless (i) such works relate to Apple's Savvis’ business, or Apple's Savvis’ actual or demonstrably anticipated research or developmentdevelopment ideas and/or know-how, or (ii) such works result from any Services performed by Seller Vendor for AppleSavvis.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includes, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, or modified for Apple do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of Apple. Seller hereby agrees to irrevocably assign and transfer to Apple and does hereby assign and transfer to Apple all of its worldwide right, title, and interest in and to the Work Product including all associated intellectual property rights. Apple will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple all Work Product in its possession; (b) to assist Apple in every reasonable way, at Apple's expense, to secure, perfect, register, apply for, maintain, and defend for Apple's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's ’s name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service Services deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple Company without having been designed, customized, customized or modified for Apple Company do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleCompany. Seller hereby agrees to irrevocably assign and transfer to Apple Company and does hereby assign and transfer to Apple Company (and agrees that it shall be deemed to have assigned and transferred) all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple Company will have the sole right to determine the treatment of any Work ProductProduct including, including without limitation, the right to keep it as a trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple Company deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple Company all Work Product in its possession; , (b) to assist Apple Company in every reasonable way, at AppleCompany's expense, to secure, perfect, register, apply for, maintain, and defend for AppleCompany's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in AppleCompany's name as it Company deems appropriate; , and (c) to otherwise treat all Work Product as Apple Company Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple Company to Seller shall remain the sole property of AppleCompany. Seller hereby waives and will ensure that Seller Parties Seller's Agents appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple Company any and all rights or any and interests in any Work Product or and original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Apple Company or its direct or indirect customers, assignees, assignees or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple Company will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret secrets or Apple Company Confidential Information, unless (i) such works relate to AppleCompany's business, or AppleCompany's actual or demonstrably anticipated research or development, ; or (ii) such works result from any Services performed by Seller for AppleCompany.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple COMPANY without having been designed, customized, or modified for Apple COMPANY do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleCOMPANY. Seller hereby agrees to irrevocably assign and transfer to Apple COMPANY and does hereby assign and transfer to Apple COMPANY all of its worldwide right, title, and interest in and to the Work Product including all associated intellectual property rights. Apple COMPANY will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple COMPANY deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple COMPANY all Work Product in its possession; (b) to assist Apple COMPANY in every reasonable way, at AppleCOMPANY's expense, to secure, perfect, register, apply for, maintain, and defend for AppleCOMPANY's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's COMPANY’s name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple COMPANY Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple COMPANY to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleCOMPANY.

Ownership of Work Product. (a) For purposes of this AgreementOrder, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service service deliverables, inventions, products, Special Tooling, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services services performed or Products delivered hereunder, and all copies thereof. Standard Goods Products manufactured by Seller and sold to Apple Buyer without having been designed, customized, customized or modified in any way for Apple Buyer do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleBuyer. Seller hereby agrees to irrevocably assign and transfer to Apple Xxxxx and does hereby assign and transfer to Apple Buyer all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple Seller hereby waives any and all moral and other rights in any Work Product or any other intellectual property created, developed or acquired in respect of the Products. Buyer will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple Buyer deems appropriate. Seller agrees: (ai) to disclose promptly in writing to Apple Buyer all Work Product in its possession; (bii) to assist Apple Buyer in every reasonable way, at AppleBuyer's expense, to secure, perfect, register, apply for, maintain, and defend for AppleBuyer's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in AppleBuyer's name as it deems appropriate; and (ciii) to otherwise treat all Work Product as Apple Buyer Confidential Information as described abovedefined herein. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple Buyer to Seller shall remain the sole property of Apple. Buyer. (b) Seller hereby waives and will ensure that Seller Parties Seller's subcontractors appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple Buyer any and all rights or any interests in any Work Product or original works created in connection with this Agreementwiththis Order. Seller irrevocably agrees not to assert against Apple Buyer or its direct or indirect customers, assignees, assignees or licensees any claim of any intellectual property rights of Seller Buyer affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple . (c) Buyer will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple Buyer Confidential Information, unless (unless: i) such works relate to AppleBuyer's business, or AppleBuyer's actual or demonstrably anticipated research or development, ; or (ii) such works result from any Services services performed by Seller for AppleBuyer.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includes, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, or modified for Apple do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of Apple. Seller hereby agrees to irrevocably assign and transfer to Apple and does hereby assign and transfer to Apple all of its worldwide right, title, and interest in and to the Work Product including all associated intellectual property rights. Apple will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple all Work Product in its possession; (b) to assist Apple in every reasonable way, at Apple's expense, to secure, perfect, register, apply for, maintain, and defend for Apple's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original origin al works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includes, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunderpursuant to a PO, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, or modified for Apple do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of Apple. Seller hereby agrees to irrevocably assign and transfer to Apple and does hereby assign and transfer to Apple all of its worldwide right, title, and interest in and to the Work Product including all associated intellectual property rights. Apple will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple all Work Product in its possession; (b) to assist Apple in every reasonable way, at Apple's expense, to secure, perfect, register, apply for, maintain, and defend for Apple's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple NETAPP without having been designed, customized, customized or modified for Apple NETAPP do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleNETAPP. Seller hereby agrees to irrevocably assign and transfer to Apple NETAPP and does hereby assign and transfer to Apple NETAPP all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple NETAPP will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple NETAPP deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple NETAPP all Work Product in its possession; ; (b) to assist Apple NETAPP in every reasonable way, at Apple's NETAPPs expense, to secure, perfect, register, apply for, maintain, and defend for Apple's NETAPPs benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in AppleNETAPP's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple NETAPP Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple NETAPP to Seller shall remain the sole property of AppleNETAPP. Seller hereby waives and will ensure that Seller Parties Seller's Assistants appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple NETAPP any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Apple NETAPP or its direct or indirect customers, assigneesassignees or licensees, or licensees distributors any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple NETAPP will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple NETAPP Confidential Information, unless (i) such works relate to Apple's NETAPPs business, or Apple's NETAPPs actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleNETAPP. Except for works within (i), (ii) or (iii) of the preceding sentence which shall be works owned by NETAPP, for any other works within the preceding sentence not owned by NETAPP but which are necessary to use the Goods and Services for their intended purposes, Seller hereby grants NETAPP a non-exclusive, irrevocable, perpetual, worldwide, royalty free, fully paid-up license to make, have made, sell, demonstrate, use, reproduce, modify, create derivative works based on such works, and sublicense such works, including the right to sublicense through multiple tiers of distribution.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includes, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, or modified for Apple do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of Apple. Seller hereby agrees to irrevocably assign and transfer to Apple and does hereby assign and transfer to Apple all of its worldwide right, title, and interest in and to the Work Product including all associated intellectual property rights. Apple will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple all Work Product in its possession; (b) to assist Apple in every reasonable way, at Apple's expense, to secure, perfect, register, apply for, maintain, and defend for Apple's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's Apples name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includes, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, or modified for Apple do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of Apple. Seller hereby agrees to irrevocably assign and transfer to Apple and does hereby assign and transfer to Apple all of its worldwide right, title, and interest in and to the Work Product including all associated intellectual property rights. Apple will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple all Work Product in its possession; (b) to assist Apple in every reasonable way, at Apple's expense, to secure, perfect, register, apply for, maintain, and defend for Apple's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this AgreementAgreement and any applicable PO. All tools and equipment supplied by Apple to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple Buyer without having been designed, customized, customized or modified for Apple Buyer do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleBuyer. Seller hereby agrees to irrevocably assign and transfer to Apple Xxxxx and does hereby assign and transfer to Apple Buyer all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple Buyer will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple Buyer deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple Buyer all Work Product in its possession; (b) to assist Apple Buyer in every reasonable way, at AppleBuyer's expense, to secure, perfect, register, apply for, maintain, and defend for AppleBuyer's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in AppleBuyer's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Buyer Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple Buyer to Seller shall remain the sole property of AppleBuyer. Seller hereby waives and will ensure that Seller Parties Xxxxxx's Assistants appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple Buyer any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Apple Buyer or its direct or indirect customers, assignees, assignees or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple Buyer will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple Buyer Confidential Information, unless (i) such works relate to AppleBuyer's business, or AppleBuyer's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleBuyer.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple NETAPP without having been designed, customized, customized or modified for Apple NETAPP do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleNETAPP. Seller hereby agrees to irrevocably assign and transfer to Apple NETAPP and does hereby assign and transfer to Apple NETAPP all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple NETAPP will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple NETAPP deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple NETAPP all Work Product in its possession; (b) to assist Apple NETAPP in every reasonable way, at Apple's NETAPPs expense, to secure, perfect, register, apply for, maintain, and defend for Apple's NETAPPs benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in AppleNETAPP's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple NETAPP Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple NETAPP to Seller shall remain the sole property of AppleNETAPP. Seller hereby waives and will ensure that Seller Parties Seller's Assistants appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple NETAPP any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Apple NETAPP or its direct or indirect customers, assigneesassignees or licensees, or licensees distributors any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple NETAPP will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple NETAPP Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.unless

Ownership of Work Product. For purposes of this Agreement, "Work Product" includes, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunderpursuant to a PO, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple Braeburn without having been designed, customized, or modified for Apple Braeburn do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleBraeburn. Seller hereby agrees to irrevocably assign and transfer to Apple Xxxxxxxx and does hereby assign and transfer to Apple Braeburn all of its worldwide right, title, and interest in and to the Work Product including all associated intellectual property rights. Apple Xxxxxxxx will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple Xxxxxxxx deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple Braeburn all Work Product in its possession; (b) to assist Apple Xxxxxxxx in every reasonable way, at AppleBraeburn's expense, to secure, perfect, register, apply for, maintain, and defend for AppleXxxxxxxx's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in AppleBraeburn's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Braeburn Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple Braeburn to Seller shall remain the sole property of AppleBraeburn. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple Braeburn any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Apple Braeburn or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple Braeburn will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Braeburn Confidential Information, unless (i) such works relate to Apple's Braeburn' business, or Apple's Braeburn' actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleBraeburn.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Vendor alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller Vendor prior to the engagement by Fortinet and sold to Apple Fortinet without having been designed, customized, customized or modified for Apple Fortinet do not constitute Work ProductProduct but Fortinet shall have a license to use such Goods as Fortinet uses them. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleFortinet. Seller Vendor hereby agrees to irrevocably assign and transfer to Apple Fortinet and does hereby assign and transfer to Apple Fortinet all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple Fortinet will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple Fortinet deems appropriate. Seller Vendor agrees: (a) to disclose promptly in writing to Apple Fortinet all Work Product in its possession; (b) to assist Apple Fortinet in every reasonable way, at AppleFortinet's expense, to secure, perfect, register, apply for, maintain, and defend for AppleFortinet's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in AppleFortinet's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Fortinet Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple Fortinet to Seller Vendor shall remain the sole property of AppleFortinet. Seller hereby waives and Vendor will ensure that Seller Parties Vendor's Assistants appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple Fortinet any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller Vendor irrevocably agrees not to assert against Apple Fortinet or its direct or indirect customers, assignees, assignees or licensees any claim of any intellectual property rights of Seller Vendor affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple Fortinet will not have rights to any works conceived or reduced to practice by Seller Vendor which were developed entirely on SellerVendor's own time without using equipment, supplies, facilities, facilities or trade secret or Apple Fortinet Confidential Information, unless (i) such works relate to AppleFortinet's business, or AppleFortinet's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller Vendor for AppleFortinet.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple NETAPP without having been designed, customized, customized or modified for Apple NETAPP do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleNETAPP. Seller hereby agrees to irrevocably assign and transfer to Apple NETAPP and does hereby assign and transfer to Apple NETAPP all of its worldwide right, title, title and interest in and to the Work Product upon its creation including all associated intellectual property rightsrights to the maximum extent permitted by applicable laws. Apple With regard to any non- assignable intellectual property right to a Work Product (in particular: copyrights under the German Copyright Act), Seller shall grant and hereby grants to NETAPP an exclusive, irrevocable, perpetual, world-wide, royalty-free, fully paid- up, transferable right to use, copy, edit, modify, store, publicly display, distribute, demonstrate, create derivative works of and otherwise exploit as well as sublicense the Work Product, including the right to sublicense through multiple tiers of distribution. NETAPP will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright copyright, design rights or trademark in its own name, name or to follow any other procedure that Apple NETAPP deems appropriate. Seller agrees: (a) to disclose promptly and upon its creation in writing to Apple NETAPP all Work Product in its possession; (b) to assist Apple NETAPP in every reasonable way, at AppleNETAPP's expense, to secure, perfect, register, apply for, maintain, and defend for AppleNETAPP's benefit all copyrights, patent rights, design rights, trade marks, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's NETAPP’s name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple NETAPP Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple NETAPP to Seller shall remain the sole property of AppleNETAPP, including in particular, the right of reproduction (including the rights to copy, use, install and deploy), the right of performance, the right of modification (right to correct, fix, revise, translate, improve, adapt or perform any other modifications), the right to study and test, the right to decompile, the right to disclose to third parties, the right to commercialise and to sublicense, for the term of the legal protection of the applicable intellectual property rights and whatever the media whether present or future. Seller hereby waives and will ensure that Seller Parties Xxxxxx's Assistants upon their creation appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple NETAPP any and all rights or any interests in any Work Product or original works created in connection with this AgreementAgreement to the maximum extent permitted by applicable laws. Seller irrevocably agrees not to assert against Apple NETAPP or its direct or indirect customers, assigneesassignees or licensees, or licensees distributors any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple NETAPP will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple Confidential InformationInformation of NETAPP, unless (i) such works relate to AppleNETAPP's business, or AppleNETAPP's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleNETAPP. Except for works within (i) or (ii) of the preceding sentence which shall be works owned by NETAPP, for any other works within the preceding sentence not owned by NETAPP but which are necessary to use the Goods and Services for their intended purposes, Seller hereby grants NETAPP a non-exclusive, irrevocable, perpetual, worldwide, royalty free, fully paid-up license to make, have made, sell, demonstrate, use, reproduce, modify, create derivative works based on such works, and sublicense such works, including the right to sublicense through multiple tiers of distribution.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple NETAPP without having been designed, customized, customized or modified for Apple NETAPP do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleNETAPP. Seller hereby agrees to irrevocably assign and transfer to Apple NETAPP and does hereby assign and transfer to Apple NETAPP all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple NETAPP will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple NETAPP deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple NETAPP all Work Product in its possession; ; (b) to assist Apple NETAPP in every reasonable way, at Apple's NETAPPs expense, to secure, perfect, register, apply for, maintain, and defend for Apple's NETAPPs benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in AppleNETAPP's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple NETAPP Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple NETAPP to Seller shall remain the sole property of AppleNETAPP. Seller hereby waives and will ensure that Seller Parties Seller's Assistants appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple NETAPP any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Apple NETAPP or its direct or indirect customers, assigneesassignees or licensees, or licensees distributors any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple NETAPP will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple NETAPP Confidential Information, unless (i) such works relate to Apple's NETAPPs business, or Apple's NETAPPs actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleNETAPP. Except for works within (i), (ii) or (iii) of the preceding sentence which shall be works owned by NETAPP, for any other works within the preceding sentence not owned by NETAPP but which are necessary to use the Goods and Services for their intended purposes, Seller hereby grants NETAPP a non- exclusive, irrevocable, perpetual, worldwide, royalty free, fully paid-up license to make, have made, sell, demonstrate, use, reproduce, modify, create derivative works based on such works, and sublicense such works, including the right to sublicense through multiple tiers of distribution.

Ownership of Work Product. For purposes Worldspan shall have exclusive unlimited use of this Agreement, "Work Product" includes, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information the programmed software procedures and materials made, conceived, or developed by Seller, alone or with others, work-flow methods which result from or relate are unique to the Services performed hereundersoftware prepared for Worldspan. In addition, Worldspan shall have exclusive title to reports, manuals, visual aids and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, or modified any other supporting documentation developed for Apple do not constitute Work ProductWorldspan. All Work Product such products made in the course of the Services rendered hereunder shall at all times be deemed "works made for hire" within the meaning of the Copyright Act of 1976, as amended (the "Act"). All such works shall be the property of Worldspan and remain Contractor hereby expressly disclaims any interest in any of them. To the extent that any work performed by Contractor is found as a matter of law not to be a "work made for hire" under the Act, Contractor hereby assigns to Worldspan the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of Apple. Seller hereby agrees to irrevocably assign and transfer to Apple and does hereby assign and transfer to Apple all of its worldwide right, title, title and interest in and to all such works and all copies of them, without further consideration. For purposes of assignment of Contractor's copyright in such products, Contractor hereby appoints Worldspan as its attorney-in-fact for the Work Product including purpose of executing any and all associated intellectual property rightsdocuments relating to such assignment. Apple will Worldspan shall have the sole right to determine the treatment of any Work Productobtain and to hold in its own name copyright, including the right to keep it as patent, trademark, trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple deems appropriatemarks or registrations, intellectual property rights or other such protection as may be appropriate to the subject matter, and any extensions and renewals thereof. Seller agrees: Neither Contractor nor his employees, partners, agents, directors, officers or contractors will copyright, patent, trademark, designate as its trade secret, sell, distribute, reverse engineer, re-compile, decompile, incorporate into derivative works or otherwise use said software (a) to disclose promptly in writing to Apple including all Work Product in its possession; (b) to assist Apple in every reasonable waysource and object code), documentation, source programs and components or other products developed by Contractor for Worldspan hereunder. Contractor shall give Worldspan and any person designated by Worldspan, at AppleWorldspan's expense, such reasonable assistance as may be required to secureperfect the rights described herein. Notwithstanding the foregoing, perfectContractor shall not be required to limit Contractor's use of any ideas, register, apply for, maintain, concepts or data processing techniques developed pursuant to Contractor's efforts under this Agreement which are general in nature and defend do not include any proprietary or confidential information of Worldspan or any items for Apple's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and which Worldspan has the exclusive unlimited right to the Work Product in Apple's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of use under this Agreement. All tools and equipment supplied by Apple to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple COGNIGO without having been designed, customized, customized or modified for Apple COGNIGO do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleCOGNIGO. Seller hereby agrees to irrevocably assign and transfer to Apple COGNIGO and does hereby assign and transfer to Apple COGNIGO all of its worldwide right, title, title and interest in and to the Work Product upon its creation including all associated intellectual property rightsrights to the maximum extent permitted by applicable laws. Apple COGNIGO will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright copyright, design rights or trademark in its own name, name or to follow any other procedure that Apple COGNIGO deems appropriate. Seller agrees: (a) to disclose promptly and upon its creation in writing to Apple COGNIGO all Work Product in its possession; (b) to assist Apple COGNIGO in every reasonable way, at AppleCOGNIGO's expense, to secure, perfect, register, apply for, maintain, and defend for AppleCOGNIGO's benefit all copyrights, patent rights, design rights, trade marks, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's COGNIGO’s name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple COGNIGO Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple COGNIGO to Seller shall remain the sole property of Apple. Seller hereby waives COGNIGO and will ensure that Seller Parties appropriately waive any and all rights in particular the right of reproduction (including where waiver is permissible by law moral rightsthe right to copy, use, install deploy), the right of performance, the right of modification (right to correct, fix, revise, translate, improve, adapt or perform any other modifications), the right to study and rights in any country that are equivalent or similar test, the right to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.decompile,

Ownership of Work Product. For purposes of this Agreement, "Work Product" includes, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunderpursuant to a PO, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple Platypus without having been designed, customized, or modified for Apple Platypus do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of ApplePlatypus. Seller hereby agrees to irrevocably assign and transfer to Apple Platypus and does hereby assign and transfer to Apple Platypus all of its worldwide right, title, and interest in and to the Work Product including all associated intellectual property rights. Apple Platypus will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple Platypus deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple Platypus all Work Product in its possession; (b) to assist Apple Platypus in every reasonable way, at Apple's Platypus' expense, to secure, perfect, register, apply for, maintain, and defend for Apple's Platypus' benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's Platypus' name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Platypus Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple Platypus to Seller shall remain the sole property of ApplePlatypus. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple Platypus any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Apple Platypus or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple Platypus will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Platypus Confidential Information, unless (i) such works relate to Apple's Platypus' business, or Apple's Platypus' actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for ApplePlatypus.

Ownership of Work Product. For purposes of this AgreementContract, "“Work Product" includes” shall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials Goods made, conceived, conceived or developed by Seller, Contractor alone or with others, others which result from from, or relate to to, the Goods and/or Services performed hereunder, and all copies thereofprovided under this Contract. Standard Goods manufactured by Seller Contractor and sold to Apple Utilities without having been designed, customized, customized or modified for Apple Utilities do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleUtilities. Seller Contractor hereby agrees to irrevocably assign and transfer to Apple Utilities and does hereby assign and transfer to Apple Utilities all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple Utilities will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple Utilities deems appropriate. Seller Contractor agrees: (ai) to disclose promptly in writing to Apple Utilities all Work Product in its possession; (bii) to assist Apple Utilities in every reasonable way, at Apple's Utilities’ expense, to secure, perfect, register, apply for, maintain, and defend for Apple's Utilities’ benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's Utilities’ name as it deems appropriate; and (ciii) to otherwise treat all Work Product as Apple Utilities’ Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleContract.

Ownership of Work Product. For purposes of this Agreement, "Work Product”" includes, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverablesshall mean any ideas, inventions, productsoriginal works of authorship, computer programs, proceduresdevelopments, improvements, developmentsor processes, drawings, notes, documents, information and materials made, solely or jointly conceived, developed or developed reduced to practice by Seller, alone or with othersConsultant, which arise out of, relate to or result from or relate the services rendered under this Agreement. Consultant hereby assigns to the Services performed hereunderCompany all of Consultant's right, title and all copies thereof. Standard Goods manufactured by Seller interest in and sold to Apple without having been designed, customized, or modified for Apple do not constitute Work Product. All any Work Product shall at (including without limitation all times be intellectual property rights associated therewith) and remain acknowledges and agrees that such Work Product is the sole and exclusive property of Apple and Seller Company. Consultant further acknowledges that all original works of authorship defined as “Work Product” which are protectable by copyright are “works made for hire” within the meaning of Title 17 of the United States Code. Consultant shall not be entitled make prompt full written disclosure to use or reverse engineer any Work Product without the prior written consent of Apple. Seller hereby agrees to irrevocably assign and transfer to Apple and does hereby assign and transfer to Apple all of its worldwide right, title, and interest in and to the Work Product including all associated intellectual property rights. Apple will have the sole right to determine the treatment Company of any Work Product. Consultant shall, including the right to keep it as trade secretat Company's request and expense, execute documents and file patent applications on itperform such acts as Company may deem necessary, to use confirm in Company, all right, title and disclose it without prior patent applicationinterest throughout the world, in and to file registrations for copyright any Work Product, and all patents, copyrights and other applicable statutory protections thereon, and to enable and assist Company in procuring, maintaining, enforcing and defending patents, copyrights and other statutory protections throughout the world on any such Work Product. Consultant agrees to maintain adequate and current written records (in such format as may be specified by Company) of any conception, development or trademark reduction to practice of any Work Product and all such written records will be available to and remain the sole property of Company at all times. In furtherance and not in limitation of the foregoing, upon disclosure of each Work Product to the Company pursuant to this Agreement, Consultant will, at the request and cost of the Company sign, execute, make and do all such deeds, documents, acts and things as the Company and its own name, duly authorized agents may deem necessary or to follow any other procedure that Apple deems appropriate. Seller agreesdesirable: (a) to disclose promptly apply for, obtain and vest in writing the name of the Company alone letters patent, copyrights, trademark registrations or other analogous protection in any country throughout the world and when so obtained or vested to Apple all Work Product in its possessionrenew, extend and restore the same; and (b) to assist Apple defend any opposition proceedings in every respect of such applications and any opposition proceedings or petitions or applications for revocation or cancellation of such letters patent, copyright, trademark registration or other analogous protection. In the event that the Company is unable, after reasonable way, at Apple's expenseeffort, to securesecure Consultant’s signature on any application, perfect, register, apply for, maintain, and defend for Apple's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assigneesassignment, or licensees any claim of any intellectual property rights of Seller affecting the other document or instrument relating to letters patent, copyright, trademark or other analogous protection relating to a Work Product, whether because of Consultant’s physical or mental incapacity or for any other reason whatsoever, Consultant hereby irrevocably designates and appoints the Company and its duly authorized officers and agents as Consultant’s agent and attorney-in-fact, to act for and in Consultant’s behalf and stead to execute and file any such applications and to do all other lawfully permitted acts to further the event that it does assert such rightsprosecution and issuance of letters patent, copyright, trademark or challenges other analogous protection thereon with the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice same legal force and effect as if executed by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleConsultant.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includes, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunderpursuant to a PO, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple ACWN without having been designed, customized, or modified for Apple ACWN do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleACWN. Seller hereby agrees to irrevocably assign and transfer to Apple ACWN and does hereby assign and transfer to Apple ACWN all of its worldwide right, title, and interest in and to the Work Product including all associated intellectual property rights. Apple ACWN will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple ACWN deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple ACWN all Work Product in its possession; (b) to assist Apple ACWN in every reasonable way, at AppleACWN's expense, to secure, perfect, register, apply for, maintain, and defend for AppleACWN's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in AppleACWN's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple ACWN Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple ACWN to Seller shall remain the sole property of AppleACWN. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple ACWN any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Apple ACWN or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple ACWN will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple ACWN Confidential Information, unless (i) such works relate to AppleACWN's business, or AppleACWN's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleACWN.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple NETAPP without having been designed, customized, customized or modified for Apple NETAPP do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleNETAPP. Seller hereby agrees to irrevocably assign and transfer to Apple NETAPP and does hereby assign and transfer to Apple NETAPP all of its worldwide right, title, title and interest in and to the Work Product upon its creation including all associated intellectual property rightsrights to the maximum extent permitted by applicable laws. Apple NETAPP will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright copyright, design rights or trademark in its own name, name or to follow any other procedure that Apple NETAPP deems appropriate. Seller agrees: (a) to disclose promptly and upon its creation in writing to Apple NETAPP all Work Product in its possession; (b) to assist Apple NETAPP in every reasonable way, at AppleNETAPP's expense, to secure, perfect, register, apply for, maintain, and defend for AppleNETAPP's benefit all copyrights, patent rights, design rights, trade marks, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's NETAPP’s name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple NETAPP Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple NETAPP to Seller shall remain the sole property of AppleNETAPP and in particular the right of reproduction (including the right to copy, use, install deploy), the right of performance, the right of modification (right to correct, fix, revise, translate, improve, adapt or perform any other modifications), the right to study and test, the right to decompile, the right to disclose to third parties, the right to commercialise and to sublicense, for the term of the legal protection of the applicable intellectual property rights and whatever the media whether present or future. Seller hereby waives and will ensure that Seller Parties Xxxxxx's Assistants upon their creation appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple NETAPP any and all rights or any interests in any Work Product or original works created in connection with this AgreementAgreement to the maximum extent permitted by applicable laws. Seller irrevocably agrees not to assert against Apple NETAPP or its direct or indirect customers, assigneesassignees or licensees, or licensees distributors any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple NETAPP will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple Confidential InformationInformation of NETAPP, unless (i) such works relate to AppleNETAPP's business, or AppleNETAPP's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleNETAPP. Except for works within (i) or (ii) of the preceding sentence which shall be works owned by NETAPP, for any other works within the preceding sentence not owned by NETAPP but which are necessary to use the Goods and Services for their intended purposes, Seller hereby grants NETAPP a non-exclusive, irrevocable, perpetual, worldwide, royalty free, fully paid-up license to make, have made, sell, demonstrate, use, reproduce, modify, create derivative works based on such works, and sublicense such works, including the right to sublicense through multiple tiers of distribution.

Ownership of Work Product. For purposes of this the Agreement, "“Work Product" includes” shall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple Polycom without having been designed, customized, customized or modified for Apple Polycom do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of ApplePolycom. Seller hereby agrees to irrevocably assign and transfer to Apple Polycom and does hereby assign and transfer to Apple Polycom all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple Polycom will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple Polycom deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple Polycom all Work Product in its possession; (b) to assist Apple Polycom in every reasonable way, at ApplePolycom's expense, to secure, perfect, register, apply for, maintain, and defend for ApplePolycom's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's Polycom’s name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Polycom Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this the Agreement. All tools and equipment supplied by Apple Polycom to Seller shall remain the sole property of ApplePolycom. Seller hereby waives and will ensure that Seller Parties Seller's Assistants appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple Polycom any and all rights or any interests in any Work Product or original works created in connection with this the Agreement. Seller irrevocably agrees not to assert against Apple Polycom or its direct or indirect customers, assignees, assignees or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple Polycom will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple Polycom Confidential Information, unless (i) such works relate to ApplePolycom's business, or ApplePolycom's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for ApplePolycom.

Ownership of Work Product. For purposes a. Company agrees to disclose promptly, fully and in confidence to Client, any and all products designed or produced by the Company during the Term in the performance of the Services hereunder and any data collected or produced by the Company in connection therewith (collectively, the “Works”). Subject to the full payment of the Fees hereunder, all Works shall be Client’s sole and exclusive property. To confirm such ownership by Client of the copyright in Canada and elsewhere in the world, Company hereby sells and assigns to Client, the entire right, title and interest for Canada and all other countries in and to the copyright in and to the Works as well as the right to receive any copyright registrations for the Works. Notwithstanding the foregoing, Works do not include the Company’s Pre-Existing Works (as defined below). b. Notwithstanding the fact that the Client shall have ownership of the Works in accordance with the Terms of this Agreement, "Work Product" includesthe Works shall be considered to be Confidential Information hereunder and as such, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, or modified for Apple do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to shared by the Client except in accordance with the provisions of Section 19. Notwithstanding the foregoing, there shall be no restrictions on how the Client makes use or reverse engineer any Work Product without of the prior written consent of Apple. Seller hereby agrees to irrevocably assign and transfer to Apple and does hereby assign and transfer to Apple all of Works provided that such use is for the Client’s internal purposes only. c. The Company retains its worldwide right, title, and interest moral rights in and to the Work Product Works and as such, the integrity of the Works shall be maintained by the Client and the Company shall be reasonably attributed as the author and creator of the Works. d. The Client shall, in addition to any other indemnification obligations set forth herein, indemnify the Company against any and all claims, actions, damages, cost, and losses which the Company may suffer or incur resulting from the modification and/or distribution of the Works in contravention of the provisions of this Agreement, including all associated costs and expenses, including legal fees and disbursements on a solicitor and client basis. e. Subject to the payment of Fees hereunder, Company hereby grants to Client a non-exclusive, royalty-free, irrevocable, perpetual license to use any computer system designs, documentation, inventions (whether or not patentable or reduced to practice), developments or like materials, trade secrets, data, processes, methods, improvements, document templates and formats, or enhancements that are Company’s pre-existing property, or that are created by the Company other than in the course of delivering the Services (the “Pre-Existing Works”), which are included in the Services. This license may be sublicensed or assigned to any licensee(s) or assignee of the respective Services (if applicable). Client hereby confirms that, subject to the license granted hereunder, that Company shall retain the entire, right, title and interest for Canada and all other countries in and to the Pre-Existing Works and any intellectual property rights related thereto. f. Subject to the payment of Fees hereunder, in furtherance of the assignments of intellectual property provided hereunder and at any time upon Client’s request, and in the form and manner prescribed by it, Company shall execute all such documents as are necessary or desired by Client to confirm the assignment of such intellectual property to Client of any and all rights, title and interest (including all intellectual property rights. Apple will have ) in and to all of the sole right Works, throughout the world, including reversionary interests and rights of renewal in and to determine the treatment of any Work Productcopyright to the Works, including the right to keep it as trade secretcreate derivative works which modify or alter the Works, execute and all patent and design right to the Works, including the right to file patent applications applications, all at the Client’s sole cost and expense. g. Company hereby represents and warrants to the Company that the Works shall not infringe on it, to use and disclose it without prior patent application, to file registrations for copyright the intellectual property or trademark in its own name, or to follow any other procedure that Apple deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple all Work Product in its possession; (b) to assist Apple in every reasonable way, at Apple's expense, to secure, perfect, register, apply for, maintain, and defend for Apple's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and of any third parties. h. The Client grants to the Work Product in Apple's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to discloseCompany a revocable, assistsub-licensable, executenon-transferable, and keep confidential survive non-exclusive, royalty-free, worldwide limited licence for the expiration or termination term of this Agreement. All tools Agreement to use, exploit, copy, reproduce, manufacture, sub-license, modify, improve, enhance and equipment supplied by Apple make derivative works of the Client's intellectual property and Works solely to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar extent necessary to moral rights) and any and all claims and assign enable the Company to Apple any and all rights or any interests in any Work Product or original works created in connection comply with its obligations under this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.

Ownership of Work Product. For purposes of All Intellectual Property Rights in anything written, designed, produced, or delivered by Provider under this Agreement, "and all associated derivatives, enhancements, and modifications (“Work Product" includes”), without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to are the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, or modified for Apple do not constitute Work Productproperty of MBRDNA. All Work Product shall at is deemed “Works Made for Hire,” as that phrase is defined in Section 101 of the United States Copyright Act, as amended (“Act”), 17 U.S.C. § 101, and used in 17 U.S.C. § 201, and MBRDNA is considered the author and owns all times be right, title and remain interest, in and to the sole and exclusive property materials. To the extent that any of Apple and Seller shall not be entitled to use or reverse engineer any the Work Product without does not qualify as “Works Made For Hire” under Section 101 of the prior written consent of Apple. Seller hereby agrees Act or equivalent foreign or subsequently enacted domestic law, Provider irrevocably assigns to irrevocably assign and transfer to Apple and does hereby assign and transfer to Apple MBRDNA, immediately upon conception or creation, all of its worldwide right, title, and interest (including without limitation, all Intellectual Property Rights) in and to the Work Product including all associated intellectual property rightsProduct. Apple will have Provider waives and does not assert any moral rights that may exist in the sole right to determine the treatment of any Work Product. Provider’s Assistance. Upon MBRDNA’s request, including the right to keep it as trade secret, Provider and Provider’s successors in interest must execute and file patent applications on it, deliver documents and take all other actions reasonably necessary to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple all Work Product in its possession; (b) to assist Apple in every reasonable way, at Apple's expense, to secureevidence, perfect, registeror protect MBRDNA’s rights in the Work Product. If MBRDNA is unable, for any reason, to secure Provider’s signature to apply forfor or to pursue any application for any United States or foreign patent, maintaincopyright registrations, or other registrations covering works made for hire assigned to MBRDNA, Provider irrevocably designates and appoints MBRDNA and its authorized officers and agents as Provider’s agent and attorney-in-fact, to act for and on Provider’s behalf to do any lawfully permitted acts to further the prosecution and issuance of patents, and defend registration of copyrights or trademarks, with the same legal force and effect as if executed by Provider. Provider must not apply for Apple's benefit all copyrightsany state, patent rightsfederal, mask work rights, trade secret rights, trade marks and all or other proprietary rights United States or statutory protections in and to the Work Product in Apple's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination foreign jurisdiction’s registration of this Agreement. All tools and equipment supplied by Apple to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and must not oppose or object in the event that it does assert such rights, or challenges the ownership or validity any way to applications of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice same by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleMBRDNA.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple GREENQLOUD without having been designed, customized, customized or modified for Apple GREENQLOUD do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleGREENQLOUD. Seller hereby agrees to irrevocably assign and transfer to Apple GREENQLOUD and does hereby assign and transfer to Apple GREENQLOUD all of its worldwide right, title, title and interest in and to the Work Product upon its creation including all associated intellectual property rightsrights to the maximum extent permitted by applicable laws. Apple GREENQLOUD will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright copyright, design rights or trademark in its own name, name or to follow any other procedure that Apple GREENQLOUD deems appropriate. Seller agrees: (a) to disclose promptly and upon its creation in writing to Apple GREENQLOUD all Work Product in its possession; (b) to assist Apple GREENQLOUD in every reasonable way, at AppleGREENQLOUD's expense, to secure, perfect, register, apply for, maintain, and defend for AppleGREENQLOUD's benefit all copyrights, patent rights, design rights, trade marks, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's GREENQLOUD’s name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple GREENQLOUD Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple GREENQLOUD to Seller shall remain the sole property of Apple. GREENQLOUD and in particular the right of reproduction (including the right to copy, use, install deploy), the right of performance, the right of modification (right to correct, fix, revise, translate, improve, adapt or perform any other modifications), the right to study and test, the right to decompile, the right to disclose to third parties, the right to commercialise and to sublicense, for the term of the legal protection of the applicable intellectual property rights and whatever the media whether present or future Seller hereby waives and will ensure that Seller Parties Seller's Assistants upon their creation appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple GREENQLOUD any and all rights or any interests in any Work Product or original works created in connection with this AgreementAgreement to the maximum extent permitted by applicable laws. Seller irrevocably agrees not to assert against Apple GREENQLOUD or its direct or indirect customers, assigneesassignees or licensees, or licensees distributors any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple GREENQLOUD will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple Confidential InformationInformation of GREENQLOUD, unless (i) such works relate to AppleGREENQLOUD's business, or AppleGREENQLOUD's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleGREENQLOUD. Except for works within (i) or (ii) of the preceding sentence which shall be works owned by GREENQLOUD, for any other works within the preceding sentence not owned by GREENQLOUD but which are necessary to use the Goods and Services for their intended purposes, Seller hereby grants GREENQLOUD a non- exclusive, irrevocable, perpetual, worldwide, royalty free, fully paid-up license to make, have made, sell, demonstrate, use, reproduce, modify, create derivative works based on such works, and sublicense such works, including the right to sublicense through multiple tiers of distribution.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple PLEXISTOR without having been designed, customized, customized or modified for Apple PLEXISTOR do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of ApplePLEXISTOR. Seller hereby agrees to irrevocably assign and transfer to Apple PLEXISTOR and does hereby assign and transfer to Apple PLEXISTOR all of its worldwide right, title, title and interest in and to the Work Product upon its creation including all associated intellectual property rightsrights to the maximum extent permitted by applicable laws. Apple PLEXISTOR will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright copyright, design rights or trademark in its own name, name or to follow any other procedure that Apple PLEXISTOR deems appropriate. Seller agrees: (a) to disclose promptly and upon its creation in writing to Apple PLEXISTOR all Work Product in its possession; (b) to assist Apple PLEXISTOR in every reasonable way, at ApplePLEXISTOR's expense, to secure, perfect, register, apply for, maintain, and defend for ApplePLEXISTOR's benefit all copyrights, patent rights, design rights, trade marks, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's PLEXISTOR’s name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple PLEXISTOR Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple PLEXISTOR to Seller shall remain the sole property of Apple. PLEXISTOR and in particular the right of reproduction (including the right to copy, use, install deploy), the right of performance, the right of modification (right to correct, fix, revise, translate, improve, adapt or perform any other modifications), the right to study and test, the right to decompile, the right to disclose to third parties, the right to commercialise and to sublicense, for the term of the legal protection of the applicable intellectual property rights and whatever the media whether present or future Seller hereby waives and will ensure that Seller Parties Seller's Assistants upon their creation appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple PLEXISTOR any and all rights or any interests in any Work Product or original works created in connection with this AgreementAgreement to the maximum extent permitted by applicable laws. Seller irrevocably agrees not to assert against Apple PLEXISTOR or its direct or indirect customers, assigneesassignees or licensees, or licensees distributors any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple PLEXISTOR will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple Confidential InformationInformation of PLEXISTOR, unless (i) such works relate to ApplePLEXISTOR's business, or ApplePLEXISTOR's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for ApplePLEXISTOR. Except for works within (i) or (ii) of the preceding sentence which shall be works owned by PLEXISTOR, for any other works within the preceding sentence not owned by PLEXISTOR but which are necessary to use the Goods and Services for their intended purposes, Seller hereby grants PLEXISTOR a non-exclusive, irrevocable, perpetual, worldwide, royalty free, fully paid-up license to make, have made, sell, demonstrate, use, reproduce, modify, create derivative works based on such works, and sublicense such works, including the right to sublicense through multiple tiers of distribution.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple NETAPP without having been designed, customized, customized or modified for Apple NETAPP do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleNETAPP. Seller hereby agrees to irrevocably assign and transfer to Apple NETAPP and does hereby assign and transfer to Apple NETAPP all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple NETAPP will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple NETAPP deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple NETAPP all Work Product in its possession; (b) to assist Apple NETAPP in every reasonable way, at Apple's NETAPPs expense, to secure, perfect, register, apply for, maintain, and defend for Apple's NETAPPs benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in AppleNETAPP's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple NETAPP Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple NETAPP to Seller shall remain the sole property of AppleNETAPP. Seller hereby waives and will ensure that Seller Parties Seller's Assistants appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple NETAPP any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Apple NETAPP or its direct or indirect customers, assigneesassignees or licensees, or licensees distributors any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple NETAPP will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple NETAPP Confidential Information, unless (i) such works relate to Apple's NETAPPs business, or Apple's NETAPPs actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleNETAPP. Except for works within (i), (ii) or (iii) of the preceding sentence which shall be works owned by NETAPP, for any other works within the preceding sentence not owned by NETAPP but which are necessary to use the Goods and Services for their intended purposes, Seller hereby grants NETAPP a non- exclusive, irrevocable, perpetual, worldwide, royalty free, fully paid-up license to make, have made, sell, demonstrate, use, reproduce, modify, create derivative works based on such works, and sublicense such works, including the right to sublicense through multiple tiers of distribution.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includes, without limitation, all designs, design rightsrights , discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, or modified for Apple do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of Apple. Seller hereby agrees to irrevocably assign and transfer to Apple and does hereby assign and transfer to Apple all of its worldwide right, title, and interest in and to the Work Product including all associated intellectual property rights. Apple will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple all Work Product in its possession; (b) to assist Apple in every reasonable way, at Apple's expense, to secure, perfect, register, apply for, maintain, and defend for Apple's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's name as it deems appropriate; (c) to provide Apple with the source code of any software which constitutes a Work Product and (cd) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple NETAPP without having been designed, customized, customized or modified for Apple NETAPP do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleNETAPP. Seller hereby agrees to irrevocably assign and transfer to Apple NETAPP and does hereby assign and transfer to Apple NETAPP all of its worldwide right, title, title and interest in and to the Work Product upon its creation including all associated intellectual property rightsrights to the maximum extent permitted by applicable laws. Apple NETAPP will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright copyright, design rights or trademark in its own name, name or to follow any other procedure that Apple NETAPP deems appropriate. Seller agrees: (a) to disclose promptly and upon its creation in writing to Apple NETAPP all Work Product in its possession; (b) to assist Apple NETAPP in every reasonable way, at AppleNETAPP's expense, to secure, perfect, register, apply for, maintain, and defend for AppleNETAPP's benefit all copyrights, patent rights, design rights, trade marks, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's NETAPP’s name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple NETAPP Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple NETAPP to Seller shall remain the sole property of Apple. NETAPP and in particular the right of reproduction (including the right to copy, use, install deploy), the right of performance, the right of modification (right to correct, fix, revise, translate, improve, adapt or perform any other modifications), the right to study and test, the right to decompile, the right to disclose to third parties, the right to commercialise and to sublicense, for the term of the legal protection of the applicable intellectual property rights and whatever the media whether present or future Seller hereby waives and will ensure that Seller Parties Seller's Assistants upon their creation appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple NETAPP any and all rights or any interests in any Work Product or original works created in connection with this AgreementAgreement to the maximum extent permitted by applicable laws. Seller irrevocably agrees not to assert against Apple NETAPP or its direct or indirect customers, assigneesassignees or licensees, or licensees distributors any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple NETAPP will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple Confidential InformationInformation of NETAPP, unless (i) such works relate to AppleNETAPP's business, or AppleNETAPP's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleNETAPP. Except for works within (i) or (ii) of the preceding sentence which shall be works owned by NETAPP, for any other works within the preceding sentence not owned by NETAPP but which are necessary to use the Goods and Services for their intended purposes, Seller hereby grants NETAPP a non- exclusive, irrevocable, perpetual, worldwide, royalty free, fully paid-up license to make, have made, sell, demonstrate, use, reproduce, modify, create derivative works based on such works, and sublicense such works, including the right to sublicense through multiple tiers of distribution.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple NETAPP without having been designed, customized, customized or modified for Apple NETAPP do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleNETAPP. Seller hereby agrees to irrevocably assign and transfer to Apple NETAPP and does hereby assign and transfer to Apple NETAPP all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple NETAPP will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple NETAPP deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple NETAPP all Work Product in its possession; (b) to assist Apple NETAPP in every reasonable way, at AppleNETAPP's expense, to secure, perfect, register, apply for, maintain, and defend for AppleNETAPP's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's NETAPP’s name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple NETAPP Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple NETAPP to Seller shall remain the sole property of AppleNETAPP. Seller hereby waives and will ensure that Seller Parties Seller's Assistants appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple NETAPP any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Apple NETAPP or its direct or indirect customers, assigneesassignees or licensees, or licensees distributors any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple NETAPP will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple NETAPP Confidential Information, unless (i) such works relate to AppleNETAPP's business, or AppleNETAPP's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.NETAPP. Except for works within (i), (ii) or (iii) of the preceding sentence which shall be works owned by NETAPP, for any other works within the preceding sentence not owned by NETAPP but which are necessary to use the Goods and Services for their intended purposes, Seller hereby grants NETAPP

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple NETAPP without having been designed, customized, customized or modified for Apple NETAPP do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleNETAPP. Seller hereby agrees to irrevocably assign and transfer to Apple NETAPP and does hereby assign and transfer to Apple NETAPP all of its worldwide right, title, title and interest in and to the Work Product upon its creation including all associated intellectual property rightsrights to the maximum extent permitted by applicable laws. Apple NETAPP will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright copyright, design rights or trademark in its own name, name or to follow any other procedure that Apple NETAPP deems appropriate. Seller agrees: (a) to disclose promptly and upon its creation in writing to Apple NETAPP all Work Product in its possession; (b) to assist Apple NETAPP in every reasonable way, at AppleNETAPP's expense, to secure, perfect, register, apply for, maintain, and defend for AppleNETAPP's benefit all copyrights, patent rights, design rights, trade marks, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's NETAPP’s name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple NETAPP Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple NETAPP to Seller shall remain the sole property of Apple. NETAPP and in particular the right of reproduction (including the right to copy, use, install deploy), the right of performance, the right of modification (right to correct, fix, revise, translate, improve, adapt or perform any other modifications), the right to study and test, the right to decompile, the right to disclose to third parties, the right to commercialise and to sublicense, for the term of the legal protection of the applicable intellectual property rights and whatever the media whether present or future Seller hereby waives and will ensure that Seller Parties Seller's Assistants upon their creation appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple NETAPP any and all rights or any interests in any Work Product or original works created in connection with this AgreementAgreement to the maximum extent permitted by applicable laws. Seller irrevocably agrees not to assert against Apple NETAPP or its direct or indirect customers, assigneesassignees or licensees, or licensees distributors any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple NETAPP will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple Confidential InformationInformation of NETAPP, unless (i) such works relate to AppleNETAPP's business, or AppleNETAPP's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.research

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple NETAPP without having been designed, customized, customized or modified for Apple NETAPP do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleNETAPP. Seller hereby agrees to irrevocably assign and transfer to Apple NETAPP and does hereby assign and transfer to Apple NETAPP all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple NETAPP will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple NETAPP deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple NETAPP all Work Product in its possession; (b) to assist Apple NETAPP in every reasonable way, at AppleNETAPP's expense, to secure, perfect, register, apply for, maintain, and defend for AppleNETAPP's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's NETAPP’s name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple NETAPP Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple NETAPP to Seller shall remain the sole property of AppleNETAPP. Seller hereby waives and will ensure that Seller Parties Seller's Assistants appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple NETAPP any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Apple NETAPP or its direct or indirect customers, assigneesassignees or licensees, or licensees distributors any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple NETAPP will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple NETAPP Confidential Information, unless (i) such works relate to AppleNETAPP's business, or AppleNETAPP's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleNETAPP. Except for works within (i), (ii) or (iii) of the preceding sentence which shall be works owned by NETAPP, for any other works within the preceding sentence not owned by NETAPP but which are necessary to use the Goods and Services for their intended purposes, Seller hereby grants NETAPP a non-exclusive, irrevocable, perpetual, worldwide, royalty free, fully paid-up license to make, have made, sell, demonstrate, use, reproduce, modify, create derivative works based on such works, and sublicense such works, including the right to sublicense through multiple tiers of distribution.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includes, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, or modified for Apple do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of Apple. Seller hereby agrees to irrevocably assign and transfer to Apple and does hereby assign and transfer to Apple all of its worldwide right, title, and interest in and to the Work Product including all associated intellectual property rights. Apple will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple all Work Product in its possession; (b) to assist Apple in every reasonable way, at Apple's expense, to secure, perfect, register, apply for, maintain, and defend for Apple's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties Seller's Agents appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includes, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, or modified for Apple do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of Apple. Seller hereby agrees to irrevocably assign and transfer to Apple and does hereby assign and transfer to Apple all of its worldwide right, title, and interest in and to the Work Product including all associated intellectual property rights. Apple will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple all Work Product in its possession; ; (b) to assist Apple in every reasonable way, at Apple's expense, to secure, perfect, register, apply for, maintain, and defend for Apple's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties Seller's Agents appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.

Ownership of Work Product. For purposes Worldspan shall have exclusive unlimited use of this Agreement, "Work Product" includes, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information the programmed software procedures and materials made, conceived, or developed by Seller, alone or with others, work-flow methods which result from or relate are unique to the Services performed hereundersoftware prepared for Worldspan. In addition, Worldspan shall have exclusive title to reports, manuals, visual aids and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, or modified any other supporting documentation developed for Apple do not constitute Work ProductWorldspan. All Work Product such products made in the course of the Services rendered hereunder shall at all times be deemed "works made for hire" within the meaning of the Copyright Act of 1976, as amended (the "Act"). All such works shall be the property of Worldspan and remain Contractor hereby expressly disclaims any interest in any of them. To the extent that any work performed by Contractor is found as a matter of law not to be a "work made for hire" under the Act, Contractor hereby assigns to Worldspan the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of Apple. Seller hereby agrees to irrevocably assign and transfer to Apple and does hereby assign and transfer to Apple all of its worldwide right, title, title and interest in and to all such works and all copies of them, without further consideration. For purposes of assignment of Contractor's copyright in such products, Contractor hereby appoints Worldspan as its attorney-in-fact for the Work Product including purpose of executing any and all associated intellectual property rightsdocuments relating to such assignment. Apple will Worldspan shall have the sole right to determine the treatment of any Work Productobtain and to hold in its own name copyright, including the right to keep it as patent, trademark, trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple deems appropriatemarks or registrations, intellectual property rights or other such protection as may be appropriate to the subject matter, and any extensions and renewals thereof. Seller agrees: Neither Contractor nor its employees, partners, agents, directors, officers or contractors will copyright, patent, trademark, designate as its trade secret, sell, distribute, reverse engineer, re-compile, decompile, incorporate into derivative works or otherwise use said software (a) to disclose promptly in writing to Apple including all Work Product in its possession; (b) to assist Apple in every reasonable waysource and object code), documentation, source programs and components or other products developed by Contractor for Worldspan hereunder. Contractor shall give Worldspan and any person designated by Worldspan, at AppleWorldspan's expense, such reasonable assistance as may be required to secureperfect the rights described herein. Notwithstanding the foregoing, perfectContractor shall not be required to limit Contractor's use of any ideas, register, apply for, maintain, concepts or data processing techniques developed pursuant to Contractor's efforts under this Agreement which are general in nature and defend do not include any proprietary or confidential information of Worldspan or any items for Apple's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and which Worldspan has the exclusive unlimited right to the Work Product in Apple's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of use under this Agreement. All tools and equipment supplied by Apple to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple NETAPP without having been designed, customized, customized or modified for Apple NETAPP do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleNETAPP. Seller hereby agrees to irrevocably assign and transfer to Apple NETAPP and does hereby assign and transfer to Apple NETAPP all of its worldwide right, title, title and interest in and to the Work Product upon its creation including all associated intellectual property rightsrights to the maximum extent permitted by applicable laws. Apple NETAPP will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright copyright, design rights or trademark in its own name, name or to follow any other procedure that Apple NETAPP deems appropriate. Seller agrees: (a) to disclose promptly and upon its creation in writing to Apple NETAPP all Work Product in its possession; (b) to assist Apple NETAPP in every reasonable way, at AppleNETAPP's expense, to secure, perfect, register, apply for, maintain, and defend for AppleNETAPP's benefit all copyrights, patent rights, design rights, trade marks, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's NETAPP’s name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple NETAPP Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple NETAPP to Seller shall remain the sole property of AppleNETAPP and in particular the right of reproduction (including the right to copy, use, install deploy), the right of performance, the right of modification (right to correct, fix, revise, translate, improve, adapt or perform any other modifications), the right to study and test, the right to decompile, the right to disclose to third parties, the right to commercialise and to sublicense, for the term of the legal protection of the applicable intellectual property rights and whatever the media whether present or future. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on SellerXxxxxx's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.Assistants upon their

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple NETAPP without having been designed, customized, customized or modified for Apple NETAPP do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleNETAPP. Seller hereby agrees to irrevocably assign and transfer to Apple NETAPP and does hereby assign and transfer to Apple NETAPP all of its worldwide right, title, title and interest in and to the Work Product upon its creation including all associated intellectual property rightsrights to the maximum extent permitted by applicable laws. Apple NETAPP will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright copyright, design rights or trademark in its own name, name or to follow any other procedure that Apple NETAPP deems appropriate. Seller agrees: (a) to disclose promptly and upon its creation in writing to Apple NETAPP all Work Product in its possession; (b) to assist Apple NETAPP in every reasonable way, at AppleNETAPP's expense, to secure, perfect, register, apply for, maintain, and defend for AppleNETAPP's benefit all copyrights, patent rights, design rights, trade marks, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's NETAPP’s name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple NETAPP Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple NETAPP to Seller shall remain the sole property of Apple. NETAPP and in particular the right of reproduction (including the right to copy, use, install deploy), the right of performance, the right of modification (right to correct, fix, revise, translate, improve, adapt or perform any other modifications), the right to study and test, the right to decompile, the right to disclose to third parties, the right to commercialise and to sublicense, for the term of the legal protection of the applicable intellectual property rights and whatever the media whether present or future Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.Assistants upon their

Ownership of Work Product. For purposes of this Agreement, "“Work Product" includes” shall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple Polycom without having been designed, customized, customized or modified for Apple Polycom do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of ApplePolycom. Seller hereby agrees to irrevocably assign and transfer to Apple Polycom and does hereby assign and transfer to Apple Polycom all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple Polycom will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple Polycom deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple Polycom all Work Product in its possession; (b) to assist Apple Polycom in every reasonable way, at ApplePolycom's expense, to secure, perfect, register, apply for, maintain, and defend for ApplePolycom's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's Polycom’s name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Polycom Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple Polycom to Seller shall remain the sole property of ApplePolycom. Seller hereby waives and will ensure that Seller Parties Seller's Assistants appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple Polycom any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Apple Polycom or its direct or indirect customers, assignees, assignees or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple Polycom will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple Polycom Confidential Information, unless (i) such works relate to ApplePolycom's business, or ApplePolycom's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for ApplePolycom.

Ownership of Work Product. For purposes of this Agreement, "'Work Product" includes' shall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple Polycom without having been designed, customized, customized or modified for Apple Polycom do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of ApplePolycom. Seller hereby agrees to irrevocably assign and transfer to Apple Polycom and does hereby assign and transfer to Apple Polycom all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple Further, Xxxxxx agrees that no additional amounts shall be due in consideration for such assignment of intellectual property rights, and Seller hereby waives any rights it may have to request additional amounts in respect of such assignment. Polycom will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple Polycom deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple Polycom all Work Product in its possession; (b) to assist Apple Polycom in every reasonable way, at ApplePolycom's expense, to secure, perfect, register, apply for, maintain, and defend for ApplePolycom's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in ApplePolycom's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Polycom Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple Polycom to Seller shall remain the sole property of ApplePolycom. Seller hereby waives and will ensure that Seller Parties Seller's Assistants appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple Polycom any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Apple Polycom or its direct or indirect customers, assignees, assignees or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple Polycom will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple Polycom Confidential Information, unless (i) such works relate to ApplePolycom's business, or ApplePolycom's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for ApplePolycom.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple NETAPP without having been designed, customized, customized or modified for Apple NETAPP do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleNETAPP. Seller hereby agrees to irrevocably assign and transfer to Apple NETAPP and does hereby assign and transfer to Apple NETAPP all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple NETAPP will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple NETAPP deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple NETAPP all Work Product in its possession; ; (b) to assist Apple NETAPP in every reasonable way, at Apple's NETAPPs expense, to secure, perfect, register, apply for, maintain, and defend for Apple's NETAPPs benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in AppleNETAPP's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple NETAPP Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple NETAPP to Seller shall remain the sole property of AppleNETAPP. Seller hereby waives and will ensure that Seller Parties Xxxxxx's Assistants appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple NETAPP any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Apple NETAPP or its direct or indirect customers, assigneesassignees or licensees, or licensees distributors any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple NETAPP will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple NETAPP Confidential Information, unless (i) such works relate to Apple's NETAPPs business, or Apple's NETAPPs actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleNETAPP. Except for works within (i), (ii) or (iii) of the preceding sentence which shall be works owned by NETAPP, for any other works within the preceding sentence not owned by NETAPP but which are necessary to use the Goods and Services for their intended purposes, Seller hereby grants NETAPP a non- exclusive, irrevocable, perpetual, worldwide, royalty free, fully paid-up license to make, have made, sell, demonstrate, use, reproduce, modify, create derivative works based on such works, and sublicense such works, including the right to sublicense through multiple tiers of distribution.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple ADG without having been designed, customized, customized or modified for Apple ADG do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleADG. Seller hereby agrees to irrevocably assign and transfer to Apple ADG and does hereby assign and transfer to Apple ADG all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple ADG will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple ADG deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple ADG all Work Product in its possession; (b) to assist Apple ADG in every reasonable way, at AppleADG's expense, to secure, perfect, register, apply for, maintain, and defend for AppleADG's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in AppleADG's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple ADG Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple ADG to Seller shall remain the sole property of AppleADG. Seller hereby waives and will ensure that Seller Parties Seller's Assistants appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple ADG any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Apple ADG or its direct or indirect customers, assignees, assignees or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple ADG will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple ADG Confidential Information, unless (i) such works relate to AppleADG's business, or AppleADG's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleADG.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple NETAPP without having been designed, customized, customized or modified for Apple NETAPP do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleNETAPP. Seller hereby agrees to irrevocably assign and transfer to Apple NETAPP and does hereby assign and transfer to Apple NETAPP all of its worldwide right, title, title and interest in and to the Work Product upon its creation including all associated intellectual property rightsrights to the maximum extent permitted by applicable laws. Apple NETAPP will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright copyright, design rights or trademark in its own name, name or to follow any other procedure that Apple NETAPP deems appropriate. Seller agrees: (a) to disclose promptly and upon its creation in writing to Apple NETAPP all Work Product in its possession; (b) to assist Apple NETAPP in every reasonable way, at AppleNETAPP's expense, to secure, perfect, register, apply for, maintain, and defend for AppleNETAPP's benefit all copyrights, patent rights, design rights, trademarks, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's NETAPP’s name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple NETAPP Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple NETAPP to Seller shall remain the sole property of Apple. NETAPP and in particular the right of reproduction (including the right to copy, use, install deploy), the right of performance, the right of modification (right to correct, fix, revise, translate, improve, adapt or perform any other modifications), the right to study and test, the right to decompile, the right to disclose to third parties, the right to commercialise and to sublicense, for the term of the legal protection of the applicable intellectual property rights and whatever the media whether present or future Seller hereby waives and will ensure that Seller Parties Xxxxxx's Assistants upon their creation appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple NETAPP any and all rights or any interests in any Work Product or original works created in connection with this AgreementAgreement to the maximum extent permitted by applicable laws. Seller irrevocably agrees not to assert against Apple NETAPP or its direct or indirect customers, assigneesassignees or licensees, or licensees distributors any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple NETAPP will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple Confidential InformationInformation of NETAPP, unless (i) such works relate to AppleNETAPP's business, or AppleNETAPP's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleNETAPP. Except for works within (i) or (ii) of the preceding sentence which shall be works owned by NETAPP, for any other works within the preceding sentence not owned by NETAPP but which are necessary to use the Goods and Services for their intended purposes, Seller hereby grants NETAPP a non-exclusive, irrevocable, perpetual, worldwide, royalty free, fully paid-up license to make, have made, sell, demonstrate, use, reproduce, modify, create derivative works based on such works, and sublicense such works, including the right to sublicense through multiple tiers of distribution.

Ownership of Work Product. For purposes of this AgreementContract, "“Work Product" includes” shall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, CONTRACTOR alone or with others, others which result from or relate to the Services Work performed hereunder, and all copies thereof. Standard Goods Materials manufactured by Seller CONTRACTOR and sold to Apple UTILITIES without having been designed, customized, customized or modified for Apple UTILITIES do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleUTILITIES. Seller CONTRACTOR hereby agrees to irrevocably assign and transfer to Apple UTILITIES and does hereby assign and transfer to Apple UTILITIES all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple UTILITIES will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, to execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple UTILITIES deems appropriate. Seller CONTRACTOR agrees: (ai) to disclose promptly in writing to Apple UTILITIES all Work Product in its possession; (bii) to assist Apple UTILITIES in every reasonable way, at Apple's UTILITIES’ expense, to secure, perfect, register, apply for, maintain, and defend for Apple's UTILITIES’ benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's UTILITIES’ name as it deems appropriate; and (ciii) to otherwise treat all Work Product as Apple UTILITIES Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this AgreementContract. All tools and equipment supplied by Apple UTILITIES to Seller CONTRACTOR shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleUTILITIES.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple NETAPP without having been designed, customized, customized or modified for Apple NETAPP do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleNETAPP. Seller hereby agrees to irrevocably assign and transfer to Apple NETAPP and does hereby assign and transfer to Apple NETAPP all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple NETAPP will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple NETAPP deems appropriate. Seller agrees: : (a) to disclose promptly in writing to Apple NETAPP all Work Product in its possession; (b) to assist Apple NETAPP in every reasonable way, at Apple's NETAPPs expense, to secure, perfect, register, apply for, maintain, and defend for Apple's NETAPPs benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in AppleNETAPP's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple NETAPP Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple NETAPP to Seller shall remain the sole property of AppleNETAPP. Seller hereby waives and will ensure that Seller Parties Seller's Assistants appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple NETAPP any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Apple NETAPP or its direct or indirect customers, assigneesassignees or licensees, or licensees distributors any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple NETAPP will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple NETAPP Confidential Information, unless (i) such works relate to Apple's NETAPPs business, or Apple's (ii) NETAPPs actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.or

Ownership of Work Product. For purposes of this AgreementPurchase Order, "“Work Product" includes” shall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service Services deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder or Goods manufactured hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple Chemex without having been designed, customized, customized or modified for Apple Chemex do not constitute Work ProductProduct and Chemex’s interest in the Work Product only extends to the design of Goods developed specifically for Chemex for use in modular process equipment. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleChemex. Seller hereby agrees to irrevocably assign and transfer to Apple Chemex, and does hereby assign and transfer to Apple Chemex, all of its worldwide right, title, title and interest in and to the Work Product Product, including all associated intellectual property rights. Apple Chemex will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure procedures that Apple Chemex deems appropriate. Seller agrees: (ai) to disclose promptly in writing to Apple Chemex all Work Product in its possession; (bii) to assist Apple Chemex in every reasonable way, at Apple's Chemex’s expense, to secure, perfect, register, apply for, maintain, maintain and defend for Apple's Chemex’s benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's Chemex’s name as it deems seems appropriate; and (ciii) to otherwise treat all Work Product as Apple Chemex Confidential Information as described in Section 12.0 above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this AgreementPurchase Order. All tools and equipment supplied by Apple Chemex to Seller shall remain the sole property of AppleChemex. Seller hereby waives and will ensure that Seller Parties Seller’s Assistants appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple Chemex any and all rights or any interests in any Work Product or original works created in connection with this AgreementPurchase Order. Seller irrevocably agrees not to assert against Apple Chemex or its direct or indirect customers, assignees, assignees or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple Chemex will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's ’s own time time, without using equipment, supplies, facilities, facilities or trade secret or Apple Chemex Confidential Information, unless (i) such works relate to Apple's business, Information or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleWork Product.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includes, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, or modified for Apple do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of Apple. Seller hereby agrees to irrevocably assign and transfer to Apple and does hereby assign and transfer to Apple all of its worldwide right, title, and interest in and to the Work Product including all associated intellectual property rights. Apple will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple all Work Product in its possession; (b) to assist Apple in every reasonable way, at Apple's expense, to secure, perfect, register, apply for, maintain, and defend for Apple's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's name as it deems appropriate; (c) to provide Apple with the source code of any software which constitutes a Work Product and (cd) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.

Ownership of Work Product. For purposes of this Agreement, "“Work Product" ” includes, without limitation, all copyright, designs, design rights, discoveries, creations, works, devices, masksmask works, models, work in progress, Service Services deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, customized or modified for Apple Seaspan do not constitute Work Product. All Work Product shall will at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleSeaspan. Seller hereby agrees to irrevocably assign and transfer to Apple Seaspan and does hereby assign and transfer to Apple Seaspan all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple Seller will obtain, at its own cost and Seaspan’s request, waivers of moral rights from all Seller’s employees and agents involved in the creation of the Goods or Services. Seaspan will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, to execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple Seaspan deems appropriate. Seller agreesagrees to: (ai) to disclose promptly in writing to Apple Seaspan all Work Product in its possession; (bii) assist Seaspan and cause Seller’s Assistants to assist Apple Seaspan, in every reasonable way, at AppleSeaspan's expense, to secure, perfect, register, apply for, maintain, and defend for AppleSeaspan's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in AppleSeaspan's name as it deems appropriate; and (ciii) to otherwise treat all Work Product as Apple Seaspan Confidential Information as described aboveInformation. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple Seaspan to Seller shall will remain the sole property of AppleSeaspan. Seller hereby waives and will ensure that Seller Parties Seller's Assistants appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign moral rights and that each of Seller’s Assistants assigns, if applicable, to Apple Seaspan any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Apple Seaspan or its direct or indirect customers, assignees, assignees or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple Seaspan will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, trade secrets or trade secret or Apple Seaspan Confidential Information, unless (i) such works relate to AppleSeaspan's business, business or AppleSeaspan's actual or demonstrably anticipated research or development, development or (ii) such works result from any Services performed by Seller for AppleSeaspan.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple NETAPP without having been designed, customized, customized or modified for Apple NETAPP do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleNETAPP. Seller hereby agrees to irrevocably assign and transfer to Apple NETAPP and does hereby assign and transfer to Apple NETAPP all of its worldwide right, title, title and interest in and to the Work Product upon its creation including all associated intellectual property rightsrights to the maximum extent permitted by applicable laws. Apple NETAPP will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright copyright, design rights or trademark in its own name, name or to follow any other procedure that Apple NETAPP deems appropriate. Seller agrees: (a) to disclose promptly and upon its creation in writing to Apple NETAPP all Work Product in its possession; (b) to assist Apple NETAPP in every reasonable way, at AppleNETAPP's expense, to secure, perfect, register, apply for, maintain, and defend for AppleNETAPP's benefit all copyrights, patent rights, design rights, trade marks, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's NETAPP’s name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple NETAPP Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple NETAPP to Seller shall remain the sole property of Apple. Seller hereby waives NETAPP and will ensure that Seller Parties appropriately waive any and all rights in particular the right of reproduction (including where waiver is permissible by law moral rightsthe right to copy, use, install deploy), the right of performance, the right of modification (right to correct, fix, revise, translate, improve, adapt or perform any other modifications), the right to study and rights in any country that are equivalent or similar test, the right to moral rights) decompile, the right to disclose to third parties, the right to commercialise and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customerssublicense, assignees, or licensees any claim for the term of any the legal protection of the applicable intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.and

Ownership of Work Product. For purposes of this Agreement, "Work Product" includes, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, or modified for Apple do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of Apple. Seller hereby agrees to irrevocably assign and transfer to Apple and does hereby assign and transfer to Apple all of its worldwide rightrights, titletitles, and interest interests in and to the Work Product including all associated intellectual and/or industrial property rights. Apple will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple all Work Product in its possession; (b) to assist Apple in every reasonable way, at Apple's expense, to secure, perfect, register, apply for, maintain, and defend for Apple's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties Seller's Agents appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includes, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, or modified for Apple do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of Apple. Seller hereby agrees to irrevocably assign and transfer to Apple and does hereby assign and transfer to Apple all of its worldwide right, title, and interest in and to the Work Product including all associated intellectual property rights. Apple will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple all Work Product in its possession; (b) to assist Apple in every reasonable way, at Apple's expense, to secure, perfect, register, apply for, maintain, and defend for Apple's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties Seller's Agents appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple. Should the laws, regulations, or binding rulings of any particular jurisdiction prohibit the vesting of any right to a Work Product directly in Apple and assignment or transfer of any such right to a Work Product to Apple, Seller grants the following license with respect to such affected Work Product without any requirement to execute any additional instrument, authorization or consent: Seller hereby agrees to grant, and does grant, to Apple, a worldwide, royalty-free, fully-exclusive, unlimited as to quantity, perpetual and irrevocable, assignable, sub-licensable right and license to exercise, use, and exploit in any manner such affected Work Product. Provided that any moral rights vest in the Work Product, Seller thereby acknowledges and agrees that Apple is authorized to exercise all moral rights to such Work Product, including but not limited to publish, alter, adapt and translate such Work Product and, where applicable, also including right to join such Work Product with another work of mind, goods or services and include such Work Product into a collective work or database. In addition, such Work Product can be introduced in public under the Apple's name. Apple hereby accepts such license and authorization.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includes, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, or modified for Apple do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of Apple. Seller hereby agrees to irrevocably assign and transfer to Apple and does hereby assign and transfer to Apple all of its worldwide right, title, and interest in and to the Work Product including all al l associated intellectual property rights. Apple will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple all Work Product in its possession; (b) to assist Apple in every reasonable way, at Apple's expense, to secure, perfect, register, apply for, maintain, and defend for Apple's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's name as it deems appropriate; (c) to provide Apple with the source code of any software which constitutes a Work Product and (cd) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of o f this Agreement. All tools and equipment supplied by Apple to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business 25. Data Protection. To the extent that Seller receives any information that relates to an identified or identifiable individual (“Personal Data”) from or on behalf of NETAPP in connection with any Agreement, Seller will process such Personal Data solely for the purpose of providing the goods and services specified in such Agreement, in accordance with all applicable agreements with NETAPP, including without limitation any applicable data processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple NETAPP without having been designed, customized, customized or modified for Apple NETAPP do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleNETAPP. Seller hereby agrees to irrevocably assign and transfer to Apple NETAPP and does hereby assign and transfer to Apple NETAPP all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple NETAPP will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple NETAPP deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple NETAPP all Work Product in its possession; (b) to assist Apple NETAPP in every reasonable way, at AppleNETAPP's expense, to secure, perfect, register, apply for, maintain, and defend for AppleNETAPP's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's NETAPP’s name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple NETAPP Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple NETAPP to Seller shall remain the sole property of AppleNETAPP. Seller hereby waives and will ensure that Seller Parties Seller's Assistants appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple NETAPP any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Apple NETAPP or its direct or indirect customers, assigneesassignees or licensees, or licensees distributors any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple NETAPP will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple NETAPP Confidential Information, unless (i) such works relate to AppleNETAPP's business, or AppleNETAPP's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleNETAPP. Except for works within (i), (ii) or (iii) of the preceding sentence which shall be works owned by NETAPP, for any other works within the preceding sentence not owned by NETAPP but which are necessary to use the Goods and Services for their intended purposes, Seller hereby grants NETAPP a non-exclusive, irrevocable, perpetual, worldwide, royalty free, fully paid-up license to make, have made, sell, demonstrate, use, reproduce, modify, create derivative works based on such works, and sublicense such works, including the right to sublicense through multiple tiers of distribution.

Ownership of Work Product. For purposes of this Agreement, "Work Product" includesshall include, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, business processes, information and materials made, conceived, conceived or developed by Seller, Seller alone or with others, others which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple NETAPP without having been designed, customized, customized or modified for Apple NETAPP do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of AppleNETAPP. Seller hereby agrees to irrevocably assign and transfer to Apple NETAPP and does hereby assign and transfer to Apple NETAPP all of its worldwide right, title, title and interest in and to the Work Product including all associated intellectual property rights. Apple NETAPP will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, name or to follow any other procedure that Apple NETAPP deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple NETAPP all Work Product in its possession; (b) to assist Apple NETAPP in every reasonable way, at AppleNETAPP's expense, to secure, perfect, register, apply for, maintain, and defend for AppleNETAPP's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's NETAPP’s name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple NETAPP Confidential Information as described above. These obligations to disclose, assist, execute, execute and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple NETAPP to Seller shall remain the sole property of AppleNETAPP. Seller hereby waives and will ensure that Seller Parties Seller's Assistants appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple NETAPP any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller irrevocably agrees not to assert against Apple NETAPP or its direct or indirect customers, assigneesassignees or licensees, or licensees distributors any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple NETAPP will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, facilities or trade secret or Apple NETAPP Confidential Information, unless (i) such works relate to AppleNETAPP's business, or AppleNETAPP's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for AppleNETAPP.

Ownership of Work Product. For purposes of this Agreement, "Work ProductWorkProduct" includes, without limitation, all designs, design rights, discoveries, creations, works, devices, masks, models, work in progress, Service deliverables, inventions, products, computer programs, procedures, improvements, developments, drawings, notes, documents, information and materials made, conceived, or developed by Seller, alone or with others, which result from or relate to the Services performed hereunder, and all copies thereof. Standard Goods manufactured by Seller and sold to Apple without having been designed, customized, or modified for Apple do not constitute Work Product. All Work Product shall at all times be and remain the sole and exclusive property of Apple and Seller shall not be entitled to use or reverse engineer any Work Product without the prior written consent of Apple. Seller hereby agrees to irrevocably assign and transfer to Apple and does hereby assign and transfer to Apple all of its worldwide right, title, and interest in and to the Work Product including all associated intellectual property rights. Apple will have the sole right to determine the treatment of any Work Product, including the right to keep it as trade secret, execute and file patent applications on it, to use and disclose it without prior patent application, to file registrations for copyright or trademark in its own name, or to follow any other procedure that Apple deems appropriate. Seller agrees: (a) to disclose promptly in writing to Apple all Work Product in its possession; (b) to assist Apple in every reasonable way, at Apple's expense, to secure, perfect, register, apply for, maintain, and defend for Apple's benefit all copyrights, patent rights, mask work rights, trade secret rights, trade marks and all other proprietary rights or statutory protections in and to the Work Product in Apple's name as it deems appropriate; and (c) to otherwise treat all Work Product as Apple Confidential Information as described above. These obligations to disclose, assist, execute, and keep confidential survive the expiration or termination of this Agreement. All tools and equipment supplied by Apple to Seller shall remain the sole property of Apple. Seller hereby waives and will ensure that Seller Parties appropriately waive any and all rights (including where waiver is permissible by law moral rights, and rights in any country that are equivalent or similar to moral rights) and any and all claims and assign to Apple any and all rights or any interests in any Work Product or original works created in connection with this Agreement. Seller agrees not to assert against Apple or its direct or indirect customers, assignees, or licensees any claim of any intellectual property rights of Seller affecting the Work Product, and in the event that it does assert such rights, or challenges the ownership or validity of the intellectual property, Apple shall be entitled to terminate this Agreement forthwith. Apple will not have rights to any works conceived or reduced to practice by Seller which were developed entirely on Seller's own time without using equipment, supplies, facilities, or trade secret or Apple Confidential Information, unless (i) such works relate to Apple's business, or Apple's actual or demonstrably anticipated research or development, or (ii) such works result from any Services performed by Seller for Apple.