Pre-existing IP Sample Clauses
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 Agreement effective date and IP developed, licensed or acquired by or on behalf of a party or its licensors during the term of this Agreement which is not a Deliverable, in each case including any modifications thereto or derivatives thereof (collectively “Pre-Existing IP”).
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 shall retain such ownership or control of all Intellectual Property that such Party had prior to the Effective Date or that it developed outside the scope of this Master Services Agreement without the use of the other Party’s Intellectual Property ("Pre-Existing IP"). To the extent Pre- Existing IP of Customer is contained in New IP, Customer hereby grants to Logis a worldwide, paid-up, royalty- free, sublicensable, freely assignable, irrevocable and perpetual license to use, distribute, copy, modify and prepare derivative works of that Pre-Existing IP in connection with Logis commercial use of the New IP. Customer Data. Customer retains the ownership of all right to Customer Data, Customer hereby grants to Logis a non-exclusive, worldwide, non-sublicensable, non-assignable, revocable, royalty- free right to collect, use and process Customer Data solely for the purposes of providing the Cloud Services or related services hereof to Customer for the duration of this Master Services Agreement.
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. 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.
Pre-existing IP. The Consultant represents and warrants that the Consultant has no pre-existing intellectual property expected to be utilized in the performance of the Services. To the extent that any of the Consultant's pre existing intellectual property is contained in the Deliverables, the Consultant grants to the Company an irrevocable, worldwide, unlimited, transferable, sublicensable (through multiple-tiers), fully paid up, royalty free license to use, publish, reproduce, modify, display, publicly perform, distribute copies of, and prepare derivative works based upon such pre- existing intellectual property. Executive Consulting Agreement - Personal and Confidential 2 of 12
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”).
11.2.2. To the extent that any Pre-existing IP of Customer is required in order for Cobra to perform the Services, Customer hereby grants to Cobra, for the term of this Agreement, a royalty free, non-exclusive, non-transferable license solely for the following purposes: (a) to use such Pre-existing IP and (b) to sub-license such IP solely to sub-contractors approved by Customer, in each case solely purposes of performing the Services.