Common use of PROPERTY OF THE EMPLOYER Clause in Contracts

PROPERTY OF THE EMPLOYER. All rights worldwide with respect to any and all intellectual or other property of any nature produced, created or suggested by Executive, whether on Executive’s own time or not, alone or with others, during the term of Executive’s employment or resulting from Executive’s services which (i) relate in any manner at the time of conception or reduction to practice to the actual or demonstrably anticipated business of the Employer or its parents, predecessors, subsidiaries, joint venturers and other affiliates (collectively, the “Employer Group”), (ii) result from or are suggested by any task assigned to Executive or any work performed by Executive on behalf of the Employer Group, (iii) were created using the time or resources of the Employer Group, or (iv) are based on any property owned or idea conceived by the Employer Group, shall be deemed to be a work made for hire and shall be the sole and exclusive property of the Employer Group. Executive agrees to execute, acknowledge and deliver to the Employer, at the Employer’s request, such further documents, including copyright and patent assignments, as the Employer finds appropriate to evidence the Employer Group’s rights in such property. Executive’s agreement to assign to the Employer any of Executive’s rights as set forth in this Section 7(a) shall not apply to any invention that qualifies fully under the provisions of California Labor Code Section 2870, where no equipment, supplies, facility or trade secret information of the Employer Group was used, where the invention was developed entirely on Executive’s own time, where the invention does not relate to the Employer Group’s business, and where the invention does not result from any work performed by Executive for the Employer Group. Executive represents to Employer that Executive has not conceived or acquired an ownership interest in any inventions, patents, or copyrights, except those described in Exhibit A hereto, and that Executive will not incorporate, or permit to be incorporated, any inventions listed in Exhibit A hereto in any Employer Group process, Employer Group product or Employer Group inventions without Employer’s prior written consent. If Executive incorporates an invention listed on Exhibit A into a Employer Group product, Employer Group process or Employer Group invention (with or without Employer’s consent), Executive hereby grants to the Employer Group a nonexclusive, paid-up royalty-free, irrevocable, world-wide license (with rights to sublicense through multiple tiers of sub-licensees) to make, have, modify, use, sell, copy and create derivative works of such inventions. Executive owns no inventions, patents, or copyrights individually or jointly with others, except those described in Exhibit A attached hereto and that Exhibit A lists any and all agreements that might contain any of the restrictions described in this Section 7 or require the assignment of inventions, copyrightable works or of contributions to copyrightable works

PROPERTY OF THE EMPLOYER. All rights worldwide with respect to any and all intellectual or other property of any nature produced, created or suggested by Executive, whether on Executive’s own time or not, alone or with others, during the term of Executive’s employment or resulting from Executive’s services which (i) relate in any manner at the time of conception or reduction to practice to the actual or demonstrably anticipated business of the Employer or its parents, predecessors, subsidiaries, joint venturers and other affiliates (collectively, the “Employer Group”), (ii) result from or are suggested by any task assigned to Executive or any work performed by Executive on behalf of the Employer Group, (iii) were created using the time or resources of the Employer Group, or (iv) are based on any property owned or idea conceived by the Employer Group, shall be deemed to be a work made for hire and shall be the sole and exclusive property of the Employer Group. Executive agrees to execute, acknowledge and deliver to the Employer, at the Employer’s request, such further documents, including copyright and patent assignments, as the Employer finds appropriate to evidence the Employer Group’s rights in such property. Executive’s agreement to assign to the Employer any of Executive’s rights as set forth in this Section 7(a) shall not apply to any invention that qualifies fully under the provisions of California Labor Code Section 2870, where no equipment, supplies, facility or trade secret information of the Employer Group was used, where the invention was developed entirely on Executive’s own time, where the invention does not relate to the Employer Group’s business, and where the invention does not result from any work performed by Executive for the Employer Group. Executive represents to Employer that Executive has not conceived or acquired an ownership interest in any inventions, patents, or copyrights, except those described in Exhibit A hereto, and that Executive will not incorporate, or permit to be incorporated, any inventions listed in Exhibit A hereto in any Employer Group process, Employer Group product or Employer Group inventions without Employer’s prior written consent. If Executive incorporates an invention listed on Exhibit A into a Employer Group product, Employer Group process or Employer Group invention (with or without Employer’s consent), Executive hereby grants to the Employer Group a nonexclusive, paid-up royalty-free, irrevocable, world-wide license (with rights to sublicense through multiple tiers of sub-licensees) to make, have, modify, use, sell, copy and create derivative works of such inventions. Executive owns no inventions, patents, or copyrights individually or jointly with others, except those described in Exhibit A attached hereto and that Exhibit A lists any and all agreements that might contain any of the restrictions described in this Section 7 or require the assignment of inventions, copyrightable works or of contributions to copyrightable works.