Common use of Treatment of Intellectual Property Created Prior to the Effective Date Clause in Contracts

Treatment of Intellectual Property Created Prior to the Effective Date. 43.1.1. Should Transnet wish to use any of the Intellectual Property created by the Service Provider prior to the Effective Date for the purposes of delivering the Services, the Service Provider hereby grants Transnet for the Term (unless otherwise agreed) a royalty free, non-exclusive, and to the extent permissible, irrevocable, and fully paid-up, license for Transnet’s Permitted Use with respect to the Services in order to perform its obligations under this Agreement. This license shall not permit Transnet or its Affiliates to sub- license or on-license the Service Provider’s Intellectual Property to other parties. 43.1.2. Transnet retains all right, title and interest in and to its Intellectual Property. As of the Effective Date, the Service Provider is granted a non-exclusive, royalty free license for the Term for the Permitted Use. This license shall not permit the Service Provider to sub-license or on-licence the Transnet Intellectual Property to other parties. 43.1.3. Should the Service Provider or the Subcontractors be required to use the Intellectual Property referred to in clause 43.1.2 as part of the provision of the Services hereunder, Transnet hereby provides the Service Provider or the Subcontractors with a non-exclusive license for the Term to enable it to continue the use of such Intellectual Property in its provision of the Services, including the right to modify, enhance and create Derivative Works.