Title and License. Title and risk of loss to the Equipment shall pass to Customer at the time the Equipment is delivered to Customer. All Software is made available in accordance with these Terms and Conditions and the terms and conditions of the Company's Individual End User Software License Agreement, which is attached hereto, incorporated herein and made a part hereof by this reference.
Title and License. TCH hereby grants Customer a non-exclusive, non-transferable limited license to use the Software for purposes of this Agreement only and in the regular course of its business. Customer agrees not to transfer, adapt, modify, otherwise copy, reverse assemble, reverse compile or otherwise translate or distribute the Software or rent, lease, assign or attempt to license it or allow other persons or entities to use it. The license shall terminate with the termination of the Agreement. TCH or its affiliates do not assume any liability for errors of clinical judgment that may occur through use of CHADIS. Customer is solely responsible for all clinical judgments and medical care that may be made through use of CHADIS. Further TCH is not recommending or endorsing any of the resources that are listed in the CHADIS Resources Data Base or which may be accessed via the Internet from the CHADIS system.
Title and License. Title to the Products, including any and all ownership rights to patents, copyrights, trademarks, trade secrets, and source code in connection therewith, shall remain the exclusive property of DSS or QuadraMed, as the case may be, in accordance with the ownership rights as they existed on the day before this Subcontract’s effective date. QuadraMed hereby acknowledges and agrees that QuadraMed shall not have or accrue any title or ownership interests to the Products including any ownership rights to patents, copyrights, trademarks, trade secrets, and source code therein. The Products shall not be deemed a “work made for hire” under the U.S. Copyright Act, 17 U.S.C. §101, et seq. QuadraMed hereby assigns, transfers and conveys to DSS any and all rights, title and interests QuadraMed may have or accrue in the Products including (without limitation) any and all copyrights, trade secrets, patents, and source code in connection therewith. QuadraMed shall not remove, alter, cover or obfuscate any appropriate copyright notice or other proprietary rights notice placed in or on machine language or human readable form as deemed appropriate by DSS in the context of this Subcontract. DSS reserves the right to require QuadraMed to make reasonable changes to such notices, to be implemented by QuadraMed at the next reasonable opportunity.
Title and License. (a) Title to each portion of the Work shall pass to AMERALIA at the time AMERALIA pays cash to HPD for such portion of the Work. HPD represents that the Work for which HPD has been paid by AMERALIA will be free and clear of liens, claims and security interests in favor of HPD and its subcontractors. If such is not the case, HPD shall either (i) cause such lien, claim or security interest to be discharged, or (ii) provide AMERALIA a bond or other security in relation to such lien, claim or security interest in the event HPD wishes to contest the same.
(b) Upon payment in full by AMERALIA of all amounts due to HPD under this Agreement (including, without limitation, the HPD Loan), HPD shall convey title to the Work to AMERALIA by bill xx sale, deed or other appropriate instrument, and shall deliver all subcontractor warranties to AMERALIA.
Title and License. MTF hereby represents and warrants to CONMED that MTF: (1) Controls MTF’s Intellectual Property; (2) has the exclusive right and authority to use, and grant a license (or sublicense) under, MTF’s Intellectual Property in the Field; and (3) has the exclusive right to bring actions for infringement of MTF’s Intellectual Property in the Field. MTF hereby represents and warrants to CONMED that MTF has not granted (and is not obligated to grant) and will not grant during the term of this Agreement, any license, option or other rights with respect to MTF’s Intellectual Property in the Field.
Title and License. CONMED hereby represents and warrants to MTF that CONMED: (1) Controls CONMED Intellectual Property; (2) has the exclusive right and authority to use, and grant a license under, CONMED Intellectual Property in the Field; and (3) has the exclusive right to bring actions for infringement of CONMED Intellectual Property in the Field. CONMED hereby represents and warrants to MTF that CONMED has not granted (and is not obligated to grant) and will not grant during the term of this Agreement, any license, option or other rights with respect to CONMED Intellectual Property in the Field.
Title and License. All Confidential Information furnished hereunder shall remain the property of LP and shall be returned or destroyed promptly at LP’s request, or upon expiration or termination of the Agreement, together with all copies made thereof by the Receiving Party. Confidential Information shall not be disclosed to any third parties except as specified in this Agreement. The Receiving Party agrees not to copy or record any Confidential Information of a Disclosing Party except as reasonably necessary to further the Purpose. Upon request, the Receiving Party shall send the Disclosing Party a certificate certifying the destruction of Confidential Information in accordance with the terms hereof. The disclosure of any Confidential Information shall not be construed as a grant or transfer of any rights, in particular but not limited to intellectual and industrial property rights such as patents or copyrights nor a permission to use such documentation, data or other information except for the Purpose required by this Agreement. Upon discovery of any inadvertent disclosure or unauthorized use of Confidential Information, the Receiving Party shall immediately notify LP and use all reasonable efforts to prevent any further inadvertent disclosure or unauthorized use thereof.
Title and License. Subscriber understands that certain proprietary software belonging to DIcentral may reside on Subscriber’s facilities (the “Software”) during periods of connection of those facilities to the Services. Subscriber acknowledges and agrees that, subject to the limited license provided herein, all rights and interest in the Software remain with DIcentral and no title or interest in the Software is transferred to Subscriber under this Agreement. DIcentral hereby grants Subscriber a single-user, non-exclusive, non-transferable limited license to use the Software via DIcentral site for purposes of this Agreement only and in the regular course of its business. Subscriber agrees not to transfer, adapt, modify, otherwise copy, reverse assemble, reverse compile or otherwise translate or distribute the Software or rent, lease, assign or attempt to license it. The license shall terminate with the termination of the Agreement.
Title and License. 6.1 Title, copyright and all other proprietary rights in the Software and Documentation and all parts and copies thereof shall remain vested in the Supplier.
6.2 Unisys shall use best endeavors to follow all reasonable instructions given by the Supplier from time to time with regard to the use of trade marks owned by the Supplier.
6.3 The Supplier hereby grants to Unisys a non-exclusive license and right to sub-license to the named End-user as specified in Schedule 2 to enable the End-user to use the Software on the terms and conditions contained herein and for the period specified in Schedule 2 from the date of acceptance.
6.4 The License will continue until the End-user ceases using the Software or until terminated in accordance with Clause 15 hereof.
6.5 Except as specified in Schedule 3, the Software shall be used only for the End-user's own data processing and shall not be used to provide a data processing service to any other third party whether by way of trade or otherwise.
6.6 Unisys or End-user may transfer the Software permanently to another Location or to other equipment with the consent in writing of the Supplier which shall not be unreasonably withheld.
6.7 The Supplier shall supply to Unisys those items of the Documentation specified in Schedule 1.
6.8 Unisys may not make copies of the Documentation without the Supplier's prior written agreement which shall not be unreasonably withheld. At the request of Unisys the Supplier shall provide such additional copies of the Documentation as Unisys may reasonably require for the normal operation of the business of the End-user, at the Supplier's then current standard scale of charges.
6.9 The End-user may make only such copies of the Software as are necessary for its operational use and security. This License applies to such copies as it applies to the Software.
6.10 Unisys may not, without the prior written consent of the Supplier, modify the Software or incorporate the Software in software not provided by the Supplier.
Title and License. 5.1 Customer acknowledges that Tata Infotech owns or have the right to use any Pre Existing Intellectual Property for providing Services under this Agreement. Pre Existing Intellectual Property means materials / software / ideas / design etc. in which TATA INFOTECH has ownership rights through trade marks, copyrights, trade secrets and or patent either prior to entering into this Agreement or at the time of using the same for the purposes of this Agreement. Property Rights into such Pre Existing Intellectual Property and any modifications or improvements to the Pre-Existing Intellectual Property shall vest in the owner of the Pre Existing Intellectual Property. Tata Infotech acknowledges that Customer owns or has the right to use the Customer's Pre Existing Intellectual Property and that any modifications or improvements to the Customer's Pre-Existing Intellectual Property shall vest in the Customer.
