Common use of PROPRIETARY RIGHTS AND RIGHTS IN DELIVERABLES Clause in Contracts

PROPRIETARY RIGHTS AND RIGHTS IN DELIVERABLES. 5.1 Ownership of Materials Used in the Consulting Services. Unless specifically provided in an Order, Customer shall supply all of the facilities; equipment; supplies; computer programs; information about Customer’s business, systems, software and needs; and other materials necessary for completion of the Consulting Services (“Customer Property”), and BMC shall supply the people described in the Order, the know-how and the tools necessary to provide the Consulting Services, which may include, among other things, software, templates, questionnaires, graphs, methodologies, models, charts and reports (“BMC Property”). Customer Property and copies and modifications of Customer Property will remain the sole property of Customer or if applicable, Customer’s licensors, and BMC Property and copies and modifications of BMC Property will remain the sole property of BMC or if applicable, BMC’s licensors. Customer hereby grants to BMC a royalty-free, paid-up, non-exclusive, non-sublicensable and non-transferable license to use the Customer Property for the purpose of providing the Consulting Services.

PROPRIETARY RIGHTS AND RIGHTS IN DELIVERABLES. 5.1 Ownership of Materials Used in the Consulting Services. Unless specifically provided in an Order, Customer shall supply all of the facilities; equipment; supplies; computer programs; information about Customer’s business, systems, software and needs; and other materials necessary for completion of the Consulting Services (“Customer Property”), and BMC shall supply the people described in the Order, the know-how and the tools necessary to provide the Consulting Services, which may include, among other things, software, templates, questionnaires, graphs, methodologies, models, charts and reports (“BMC Property”). Customer Property and copies and modifications of Customer Property will remain the sole property of Customer or if applicable, Customer’s licensors, and BMC Property and copies and modifications of BMC Property will remain the sole property of BMC or if applicable, BMC’s licensors. Customer hereby grants to BMC a royalty-free, paid-paid- up, non-exclusive, non-sublicensable and non-transferable license to use the Customer Property for the purpose of providing the Consulting Services.

PROPRIETARY RIGHTS AND RIGHTS IN DELIVERABLES. 5.1 Ownership of Materials Used in the Consulting Services. Unless specifically provided in an Order, Customer shall supply all of the facilities; equipment; supplies; computer programs; information about Customer’s business, systems, software and needs; and other materials necessary for completion of the Consulting Services (“Customer Property”), and BMC shall supply the people described in the Order, the know-how and the tools necessary to provide the Consulting Services, which may include, among other things, software, templates, questionnaires, graphs, methodologies, models, charts and reports (“BMC Property”). Customer Property and copies and modifications of Customer Property will remain the sole property of Customer or if applicable, Customer’s licensors, and BMC Property and copies and modifications of BMC Property will remain the sole property of BMC or if applicable, BMC’s licensors. Customer hereby grants to BMC a royalty-free, paid-up, non-exclusive, non-non- sublicensable and non-transferable license to use the Customer Property for the purpose of providing the Consulting Services.

PROPRIETARY RIGHTS AND RIGHTS IN DELIVERABLES. 5.1 5.1. Ownership of Materials Used in the Consulting Services. Unless specifically provided in an Order, Customer shall supply all of the facilities; equipment; supplies; computer programs; information about Customer’s business, systems, software and needs; and other materials necessary for completion of the Consulting Services (“Customer Property”), and BMC shall supply the people described in the Order, the know-how and the tools necessary to provide the Consulting Services, which may include, among other things, software, templates, questionnaires, graphs, methodologies, models, charts and reports (“BMC Property”). Customer Property and copies and modifications of Customer Property will remain the sole property of Customer or if applicable, Customer’s licensors, and BMC Property and copies and modifications of BMC Property will remain the sole property of BMC or if applicable, BMC’s licensors. Customer hereby grants to BMC a royalty-free, paid-up, non-exclusive, non-sublicensable and non-transferable license to use the Customer Property for the purpose of providing the Consulting Services.