Rights in Materials. (a) All Contract Information shall be the property of NYSERDA. The Contractor shall not use Contract Information for any purpose other than to implement its obligations under this Agreement. Title to any and all now known or hereafter known tangible and intangible intellectual property rights in such materials, including but not limited to copyrights, trademarks, and service marks, is with and shall remain with NYSERDA. For purposes of this Article, the term “materials” shall include everything produced pursuant to this Agreement for the purpose of marketing NYSERDA’s programs, including, but not limited to, all images, text, sounds, and music contained in any media whatsoever.
(b) The Contractor may not take any action, including signing any agreement, that has the effect of restricting or limiting in any way NYSERDA’s absolute ownership and use of the materials unless it receives prior written approval from NYSERDA.
(c) In conjunction with Contractor’s performance of the Project, NYSERDA or other entities may furnish Contractor with certain information concerning the Work that is collected and stored by, or on behalf of, NYSERDA and is either non-public, confidential or proprietary in nature as classified per the policies and procedures outlined in the New York State Information Classification Policy (NYS-S14-0024) and the New York State Information Security Controls Standard5 (the “Information”), identified as such by the Project Manager in writing. The Information will be kept confidential and will not, without NYSERDA’s prior written consent, be disclosed by you, your agents, employees, contractors or professional advisors, in any manner whatsoever, in whole or in part, and will not be used by Contractor, Contractor’s agents, employees, contractors or professional advisors other than in connection with the Work. Contractor agrees to transmit the Information only to Contractor’s agents, employees, contractors and professional advisors who need to know the Information for that purpose and who are informed by Contractor of the confidential nature of the Information and who will agree in writing to be bound by the terms and conditions of this Agreement. Contractor shall conform to requirements of the New York State Information Technology Services (ITS) Information Security Policy (NYS-P03-0026) and any amendments thereto, to maintain the security of and to prevent unauthorized access to Information that is maintained in electronic form on your systems. Su...
Rights in Materials. All Licensee Materials are, and shall remain, the sole and exclusive property of Licensee. All Deliverables shall be the sole and exclusive property of Licensee. To this end, creation of the Deliverables pursuant to Exhibit A of the Order Form shall be on a “work- made-for-hire” basis (as defined in the United States Copyright Act (17 U.S.C. 101, et. seq.) to the maximum extent permitted by law. Any portion of or rights related to the Deliverables that cannot be considered work-made-for-hire are hereby assigned to Licensee. Licensee grants HSI a perpetual, irrevocable right to use the knowledge, methodologies, processes, data, documents, software, know-how, and other material gained or created in connection with the Authoring Services in furtherance of its business. In the event a Deliverable includes any Pre-Existing Materials, HSI grants to Licensee a non-exclusive, non-transferable license to use such Pre-Existing Materials solely as part of and in connection with such Deliverable. Licensee acknowledges and agrees that such Pre-Existing Materials shall remain the sole and exclusive property of HSI.
Rights in Materials. All materials, including, but not limited to, data, business information, technical information, drawings any meetings materials originated or prepared by or for XXXXXX INTERNATIONAL, LLC in the course of the services performed hereunder (collectively "Work Product") shall be the exclusive property of CLIENT. XXXXXX INTERNATIONAL, LLC shall not use any Work Product, other than in connection with performance of its duties under this Agreement, without obtaining the prior written consent of CLIENT, unless specified otherwise in Appendix A, attached hereto and such additional Appendices as first may be agreed upon between the parties, pursuant to Section 1.
Rights in Materials. (a) Any compounds or other materials that are tested in the Research but do not become Collaboration Compounds shall remain the sole and exclusive property of the Party that brought such materials to the collaboration, and the other Party shall have no rights therein, except as set forth in Section 8.1(c).
(b) Compounds synthesized in an Analoging Program shall be owned by the Party who conducted the Analoging Program. If any compound generated under an Analoging Program is discovered, at any time, to be a Collaboration Compound, then such Collaboration Compound may be commercialized only as provided hereunder.
(c) Miles shall have the right, exercisable until [ * ] after the end of the Research Term, to screen in any of Miles’ assays or screens any compound made by Onyx under an Analoging Program [ * ]. If Miles desires to commercialize any such compound identified in such screening as having pharmaceutical utility, Miles shall give Onyx written notice prior to [ * ] after the end of the Research Term, specifying the compound and the proposed indication to be developed. Thereafter, the Parties will meet in good faith to negotiate an exclusive license agreement, including a commercially reasonable royalty and requirement of diligence, under Onyx’ rights in such compound for such commercialization. The royalty shall only be paid if and as long as such compound is covered by a valid claim of an Onyx Patent. At [ * ] after the end of the Research Term, all rights to commercialize compounds made by Onyx under such an Analoging Program shall return solely and exclusively to Onyx, except with respect to any such compounds for which Miles gave prior written notice hereunder. Miles agrees to notify Onyx promptly upon its determination at any time that it no longer is interested in screening or commercializing any particular compound or compounds made by Onyx under an Analoging Program. All rights in such compound or compounds then shall be wholly owned by Onyx, and Miles’ option to screen with respect to such compound or compounds shall immediately expire.
Rights in Materials. 7.1 Any and all deliverables including software programs, source and object code, files, tapes, disks and related user documentation, originally developed or created for Client under any SOW issued pursuant to this Agreement (“the Work Product”) shall remain the property of Information Builders. Upon the payment of all fees incurred, Client shall have an irrevocable, perpetual, non- exclusive, worldwide, fully paid-up license to use, execute, reproduce, display, perform, modify, distribute (internally or to affiliates or wholly-owned subsidiaries) copies of the Work Product.
7.2 The above notwithstanding, Information Builders is the owner of certain proprietary software and applications including, but not limited to, the WebFocus and iWay family of products. Information Builders’ rights in and to such proprietary software and applications (and all related intellectual property rights, training materials, written materials and source codes) are protected by certain patents, trademarks, copyrights and trade secret protections. Nothing contained herein shall be deemed to grant Client (or any other party) any right, title or interest in or to such proprietary software and applications or to any improvement or modification made to such during the course of any Services performed hereunder, or to any development methodology, programming methods, techniques or know-how utilized by Information Builders or others, or to prevent Information Builders from rendering the same or similar services to others.
Rights in Materials. Speaker and St. Xxxxxxx shall jointly share in all licenses and rights in the Presentation and agree to execute any additional documents or agreements to confirm these mutual rights.
Rights in Materials. All Materials produced in the course of providing the services set forth in the Statement of Work, including Materials developed and/or delivered by a third party contracted by COLLEGE to perform such services, shall be considered “works for hire” as defined by the
Rights in Materials a. All deliverables to be provided by Code Crafters to Client shall be expressly set forth in Statements of Work (“Deliverables”). All such Deliverables shall be owned by Code Crafters and the entire right, title and interest to such Deliverables shall vest exclusively in Code Crafters. Code Crafters shall be free to use its general knowledge, skills, and experience, and any ideas, concepts, know-how, and techniques developed in the course of providing the Services. The parties will cooperate to execute any documents necessary to achieve the objectives of this Section 3.
b. Upon payment of all related fees as set forth in the relevant Statement of Work, Code Crafters shall grant to Client a fully paid-up, non-transferable, worldwide, non-exclusive license to use the Deliverables during the Term only for the purposes of enabling Client’s users to use and access Client’s website.
Rights in Materials. (a) All Contract Information shall be the property of NYSERDA. The Contractor shall not use Contract Information for any purpose other than to implement its obligations under this Agreement. Title to any and all now known or hereafter known tangible and intangible intellectual property rights in such materials, including but not limited to copyrights, trademarks, and service marks, is with and shall remain with NYSERDA. For purposes of this Article, the term “materials” shall include everything produced pursuant to this Agreement for the purpose of marketing NYSERDA’s programs, including, but not limited to, all images, text, sounds, and music contained in any media whatsoever.
(b) The Contractor may not take any action, including signing any agreement, that has the effect of restricting or limiting in any way NYSERDA’s absolute ownership and use of the
Rights in Materials. Licensee acknowledges that all proprietary rights for generating the WindRiskTech Data and to the WindRiskTech Data itself are owned by WindRiskTech, and are protected under copyright, trade secret and other applicable intellectual property laws. WindRiskTech retains all its rights and interests in the WindRiskTech Data, and Licensee receives no copyright, intellectual property rights or other rights in or to the WindRiskTech Data, except those specifically set forth in the Agreement. If Licensee becomes aware of any violation of WindRiskTech’s proprietary rights in the WindRiskTech Data, Licensee will notify WindRiskTech in writing.
