Service Provider Pre-existing Intellectual Property. Qualcomm acknowledges that Service Provider may claim certain ownership rights in or to certain know-how, trade secrets, plans, designs and construction information, processes and flowcharts, formulas. manufacturing techniques, discoveries, inventions and ideas, product specifications, machinery, drawings, photographs, computer source codes, equipment, devices, tools and apparatus and any other engineering or other technical information that is in existence prior to the date of the Agreement, whether or not protected by law (“Pre-existing Intellectual Property”). To the extent that any such Pre-Existing Intellectual Property is (i) incorporated into the Work Product and (ii) has expressly been identified to Qualcomm in writing prior to the commencement of any Services hereunder such Pre-existing Intellectual Property shall remain the property of Service Provider and Service Provider hereby grants on behalf of itself and its affiliates, to Qualcomm and its affiliates a royalty-free fully paid-up, non-exclusive, unrestricted, unconditional, irrevocable, perpetual, worldwide right and license, with the right to sublicense to use, execute, reproduce, display perform. distribute copies of modify and prepare derivative works based upon such Pre-Existing Intellectual Property as may be necessary for Qualcomm to use the Work Product, including but not limited to Qualcomm’s right to provide such Pre-Existing Intellectual Property as embedded in final deliverables comprising the Work Product, to other third parties. This right and license also includes the right to make, have made use, sell, offer to sell, import and otherwise dispose of such Pre-Existing Intellectual Property under any patents that Service Provider or any of its affiliates owns controls or otherwise possesses a right to grant any rights thereunder or thereto.
Service Provider Pre-existing Intellectual Property. To the extent that the Deliverables and the Services and consist of or include items previously developed, patented or copyrighted by Service Provider or a third party (“Service Provider Pre-Existing Intellectual Property”), Service Provider hereby grants to CBRE and Client an unrestricted, perpetual, royalty-free, fully paid-up, non-exclusive, world-wide, irrevocable license to use such Service Provider Pre-existing Intellectual Property so that CBRE and Client may receive the benefit of the Deliverables or Services provided by Service Provider. Notwithstanding anything contained in this Agreement to the contrary, upon the expiration or termination of this Agreement, if the use of the Deliverables or Services is impaired or they cannot be fully utilized, serviced or repaired by CBRE or Client without the use of the Service Provider Pre-existing Intellectual Property, Service Provider will grant to CBRE and Client an unrestricted, perpetual, royalty-free, fully paid-up, non-exclusive, world-wide, irrevocable license to use such Service Provider Pre-existing Intellectual Property so that CBRE and Client may continue to receive the benefit of the Deliverables and Services. Service Provider Pre-existing Intellectual Property includes, without limitation, any equipment, materials, components, software, programmable devices or any other tangible item, in any form or medium, identifiable to the Deliverables or Services included in the applicable Statement of Work.
