Pre-existing IP. Each Party shall retain all rights, title and interests in and to any Intellectual Property Rights that are owned, licensed or sublicensed by such Party prior to or independent of this Agreement.
Pre-existing IP. Except where this clause 9 or the other provisions of the Agreement expressly provide otherwise, nothing in the Agreement will confer on either Party any rights, title, or interest in the Pre-existing IP.
Pre-existing IP. Each PARTY’s PRE-EXISTING IP will remain the absolute unencumbered property of the respective owner of the rights at the INITIAL EFFECTIVE DATE, except for the limited rights explicitly set forth in this AGREEMENT.
Pre-existing IP. Each Party (or its licensors, as applicable) shall retain ownership of its IP which existed prior to the Effective Date and IP developed, licensed or acquired by or on behalf of a Party or its licensors during the Term (as defined in Section 10) which is not a Deliverable, in each case including any modifications thereto or derivatives thereof (collectively “Pre-Existing IP”). Client does not obtain any rights in Avanade Pre- Existing IP other than what is provided for the Deliverables in Section 4.1.
Pre-existing IP. Each Party retains all patents, copyrights, trade secrets, trademarks and other property rights in its intellectual property developed before or independent of this Agreement (“Pre-Existing IP”). Both Parties hereby acknowledge and agree that as of the Effective Date and as between LipoScience and Agilent, LipoScience owns all intellectual property rights to the Vantera Analyzer as distinct from the NMR Subsystem and Agilent owns all intellectual property rights to the NMR Subsystem.
Pre-existing IP. Each Party's Pre-Existing IP shall remain such Party's sole property. * Material has been omitted and filed separately with the Commission. CONFIDENTIAL TREATMENT REQUESTED
Pre-existing IP. Both Parties shall retain all of their pre-existing intellectual property rights and this Agreement shall not be deemed or construed to transfer ownership of any such pre-existing intellectual property.
Pre-existing IP. 11.2.1. This Agreement shall not affect the ownership of any Intellectual Property owned by or licensed to either party as of the Effective Date (“Pre-existing IP”).
Pre-existing IP. Any Intellectual Property Rights, including for the avoidance of doubt, Patent Rights, Know-How, results, data, inventions and information owned by either Party (or owned by a Third Party but which a Party has the right to disclose or sub-license) prior to the Effective Date (“Background IPR”) shall remain the property of that Party (or, as the case may be, such Third Party).
Pre-existing IP. Contractor agrees not to use or incorporate into Contractor Work Product any intellectual property developed by any third party or by Contractor other than what is developed by Contractor in the course of performing Services for Client ('Preexisting IP") unless the Preexisting IP is identified and described in the Deliverables; provided that, (A) Contractor may use or incorporate into Contractor Work Product publicly available open source materials licensed under any of the following OSI-approved licenses: Apache License 2.0, BSD 2-Clause "Simplified" or "FreeBSD" License, BSD 3-Clause "New" or "Revised" License, and MIT License and other substantially similar OSI-approved licenses that (i) do not require, including as a condition of the use, modification or distribution of open source materials subject to such licenses, that other software used, combined or distributed with such open source materials, including the Work Product, (x) be disclosed, distributed or otherwise made available in source code form, (y) be licensed or otherwise made available for the purpose of making derivative works, or (z) be licensed or otherwise made available without cost (including for the purpose of distribution or making additional copies or derivative works), and (ii) do not otherwise restrict such Work Product from being freely used, distributed and otherwise exploited by the Client as contemplated by the license grant herein; and (B) the foregoing is conditioned on Contractor specifically identifying for the Client in writing all such open source materials, their applicable licenses, their source (e.g., project URL) and describing any modifications made with respect thereto. In the event Contractor uses or incorporates Preexisting IP into the Work Product, unless otherwise mutually agreed upon, Contractor hereby grants to Client a non-exclusive, worldwide, fully-paid and royalty-free, irrevocable, perpetual license, with the right to sublicense through multiple tiers of sublicensees, to use, reproduce, distribute, create derivative works of, publicly perform and publicly display in any medium or format, whether now known or later developed, such Preexisting IP incorporated or used in Work Product. Contractor shall confirm any licenses and if required, documentation relating to Preexisting IP are transferred to Client prior to payment by Client.
