Common use of Software Ownership Clause in Contracts

Software Ownership. To the extent any Contract Products provided under this Agreement contain System Software or any other Software that is not Application Software, B&R owns all rights, title and interest in such Software, including any and all intellectual property rights or other proprietary rights in and to the Software. No ownership rights to such Software, including any intellectual property or proprietary rights, shall pass to Purchaser merely by way of such Software being provided to Purchaser under this Agreement; nor is such Software deemed “a work made for hire” under the Copyright Act. Regarding any Foreground IP created by either Party or both resulting from direct improvements to the System Software, B&R hereby owns and shall own all right, title and interest in such Foreground IP. Regarding any Foreground IP created by either Party or both resulting from creation of Application Software: a) Purchaser may own such Foreground IP to the extent such software routines are specific to controlling Purchaser’s machines according to its specifications; and b) B&R hereby owns and shall own any general routines applicable to multiple use-cases and machines, general-purpose libraries and similar.