Pre-Existing Works. Each Party will retain all right, title and interest ------------------ in and to all of its Pre-Existing Works, including but not limited to all trade secret, copyright, patent and other intellectual property rights in and to such Pre-Existing Works. Except as otherwise provided in this Agreement, each Party is free to develop or distribute products or perform services similar to or based on its Pre-Existing Works for any entity.
Pre-Existing Works. Seller hereby grants and shall grant to Buyer an irrevocable, nonexclusive, royalty-free license to practice any of the exclusive rights under the patents, copyrights, or trade secrets subsisting in all Seller’s Pre-Existing Works incorporated into a Buyer Work, but only for purposes of, and incidental to, Xxxxx’s enjoyment of the Buyer Work.
Pre-Existing Works. If in the course of performing the Services, Company incorporates into any deliverable or Invention any other work of authorship, invention, discovery, improvement or information existing before the Effective Date that is owned or controlled by Company (a “Pre- Existing Work”) or Company Work Product (as defined in Section 8.3), Company will grant to Client a nonexclusive, royalty free, perpetual, irrevocable, worldwide license to reproduce, manufacture, modify, distribute, use, import, and otherwise exploit the Pre-Existing Work or Company Work Product, as applicable, as part of or in connection with the deliverable or Invention.
Pre-Existing Works. To the extent that any preexisting rights are embodied or reflected in the Services, deliverables, inventions or works related to the Services, Provider hereby grants to FIS an irrevocable, perpetual, non-exclusive, world-wide, royalty-free right and license to: (i) use, execute, reproduce, display, perform, distribute copies of and prepare derivative works based upon such preexisting rights; and (ii) authorize others on FIS’ behalf to do any or all of the foregoing.
Pre-Existing Works. (1) In the event Convenxia intends to include any Pre-Existing Works in any Deliverable under a Statement of Work, Convenxia shall identify such Pre-Existing Works in the Statement of Work. Convenxia agrees not to include any Pre-Existing Works in any Deliverable unless such Deliverable is identified as a Pre-Existing Work in the Statement of Work. Except as hereinafter provided, Pre-Existing Works shall be deemed to form part of the Deliverables and all of the provisions hereto shall apply to such Pre-Existing Works.
(2) Notwithstanding Section 6.03(1), Convenxia shall retain all worldwide Intellectual Property Rights in Pre-Existing Works that are identified in a Statement of Work or otherwise agreed by the parties in writing to be a “Pre-Existing Work”. Unless otherwise agreed in a Statement of Work, Yak shall have and Convenxia hereby irrevocably grants to Yak a worldwide, non-exclusive, irrevocable license to Use and Commercially Exploit all Pre-Existing Works in conjunction with the Deliverables and other components of the Yak Solution.
Pre-Existing Works. Company understands and agrees that Consultant utilizes certain pre-existing source and object codes, flow charts, algorithms, compilers, assemblers, coding sheets, design concepts, routines and sub-routines, as well as service utilities which are basic building blocks of Consultant's products. Company further understands and agrees that these materials and information, as well as derivative works which contain such materials and information, while used to develop the software described in the SOW, shall not be considered “works made for hire” as such term is defined in 17 U.S.C. §101, are excluded from the work defined in this agreement, and shall remain the property of Consultant. Consultant agrees to make the Company aware of such pre-existing works by providing written documentation to support ownership.
Pre-Existing Works. Contractor shall own all right title and interest, including all intellectual property rights, in and to its pre-existing works identified in Exhibit B (“Pre-existing Works”). Contractor hereby grants to ADPT a worldwide, irrevocable, perpetual, fully-paid license, with rights to sublicense and to authorize the granting of further sublicenses, to make, have made, use, execute, reproduce, display, perform, sell and otherwise distribute all Pre-existing Works incorporated in the Deliverables, or the results of the Services and to create derivatives, upgrades and enhancements of the foregoing.
Pre-Existing Works. The copyright and other intellectual property rights in any materials or software (whether written or machine-readable) created by or licensed to IBM or one of its Affiliates prior to this Agreement or outside this engagement and any subsequent modifications to same (“Pre-Existing Works”) will remain vested in IBM or one of its Affiliates or a third party. To the extent that Pre-Existing Works are imbedded in any Deliverable Materials, the Client will have a license to use them in accordance with Clause 2.2.3 below.
Pre-Existing Works. Each party acknowledges that the other party (the “Owner”) owns all of its pre-existing works, as well as all notes, work papers and other internal documents which are developed by the Owner independently of this Agreement and the Services and without use of the other party’s Confidential Information and which are not otherwise public records (collectively, the “IP”). Each party further acknowledges that the Owner may own the copyright in such IP. A non-owning party may not use, nor allow any of its agents or employees to use, such IP in any manner, other than in connection with this Agreement, unless such use is expressly consented to in writing, in advance, by the Owner, except as set forth in this section. Notwithstanding the foregoing, Consultant hereby grants to Client, and Client hereby accepts, a non-exclusive worldwide, perpetual, irrevocable, royalty-free, fully paid-up license to freely use any of Consultant’s IP contained in the Deliverables or reasonably necessary for the use of the Deliverables as intended, for Client internal business purposes. Such license shall be transferable in connection with a sale, merger, transfer or acquisition of all or part of Client business to which this Agreement relates. In no event will Client sell, publish for compensation, or distribute for compensation any Deliverable developed by Consultant.
Pre-Existing Works. Deliverables provided by Contractor hereunder may contain any of Contractor’s pre-existing works and/or any third party works (“Pre-Existing Works”). All deliverables provided under an SOW shall be deemed Developments, except as otherwise defined in the SOW as Pre-Existing Works. In connection with any Pre-Existing Works provided to Apigee hereunder, Contractor represents that it has the right to distribute such Pre-Existing Works hereunder and to provide such Pre-Existing Works pursuant to the applicable SOW, and hereby grants Apigee a non-exclusive, perpetual, worldwide, fully paid-up, royalty free license to make, use, copy, reproduce, modify, make derivative works thereof, and/or distribute the Pre-Existing Works and such derivative works.
