Common use of TITLE AND COPYRIGHT Clause in Contracts

TITLE AND COPYRIGHT. Licensor represents and warrants that it has the full rights to license the Product to Licensee and to perform its obligations under this Agreement. All title and copyrights and other industrial, intellectual and marketing rights in and to the Product, including but not limited to all modifications thereto made by or for any person, are owned by Licensor and/or its affiliates and licensors, and are protected by both United States copyright law and applicable international copyright treaties. Licensee agrees not to claim or assert title to or ownership of the Product. Except as expressly set forth herein, Licensee may copy the Product only for backup or archival purposes, and for no other purpose. Licensee will not remove or alter any copyright or proprietary notice from copies of the Product, and copies made by or for Licensee shall bear all copyright, trade secret, trademark and any other intellectual property right notices on the original copies. Title and all risk of loss to Licensor hardware components (“Hardware”) purchased by Licensee under a separate ordering document shall pass to Licensee upon delivery to a common carrier, FOB Licensor’s facility, and shall be deemed accepted at that time. All rights not specifically granted to licensee herein are retained by Embarcadero.

TITLE AND COPYRIGHT. Licensor represents and warrants that it has the full rights to license the Product to Licensee and to perform its obligations under this Agreement. All title and copyrights and other industrial, intellectual and marketing rights in and to the Product, including but not limited to all modifications thereto made by or for any person, are owned by Licensor and/or its affiliates and licensors, and are protected by both United States copyright law and applicable international copyright treaties. Licensee agrees not to claim or assert title to or ownership of the Product. Except as expressly set forth herein, Licensee may copy the Product only for backup or archival purposes, and for no other purpose. Licensee will not remove or alter any copyright or proprietary notice from copies of the Product, and copies made by or for Licensee shall bear all copyright, trade secret, trademark and any other intellectual property right notices on the original copies. Title and all risk of loss to Licensor hardware components (“Hardware”) purchased by Licensee under a separate ordering document shall pass to Licensee upon delivery to a common carrier, FOB Licensor’s facility, and shall be deemed accepted at that time. All rights not specifically granted to licensee herein are retained by Embarcadero.

TITLE AND COPYRIGHT. Licensor represents and warrants that it has the full rights to license the Product to Licensee and to perform its obligations under this Agreement. All title and copyrights and other industrial, intellectual and marketing rights in and to the Product, including but not limited to all modifications thereto made by or for any person, are owned by Licensor and/or its affiliates and licensors, and are protected by both United States copyright law and applicable international copyright treaties. Licensee agrees not to claim or assert title to or ownership of the Product. Except as expressly set forth herein, Licensee may copy the Product only for backup or archival purposes, and for no other purpose. Licensee will not remove or alter any copyright or proprietary notice from copies of the Product, and copies made by or for Licensee shall bear all copyright, trade secret, trademark and any other intellectual property right notices on the original copies. Title and all risk of loss to Licensor hardware components (“Hardware”) purchased by Licensee under a separate ordering document shall pass to Licensee upon delivery to a common carrier, FOB Licensor’s Licensor‟s facility, and shall be deemed accepted at that time. All rights not specifically granted to licensee herein are retained by Embarcadero.