USE AND OWNERSHIP OF DOCUMENTS. The drawings, specifications and other documents, including those in electronic form, prepared by the Consultant, are considered Instruments of Service. The Consultant and the Client warrant that in transmitting Instruments of Service, or any other information, the transmitting party is the copyright owner of such information or has permission from the copyright owner to transmit such information for its use on the Project. The Consultant and the Consultant’s consultants shall be deemed the authors and owners of their respec- tive Instruments of Service, including the Drawings and Specifications, including those in electronic format, and shall retain all common law, statutory and other reserved rights, including copyrights. Submission or distribution of Instruments of Service to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication in derogation of the reserved rights of the Consultant and the Consultant’s consultants. Upon execution of this Agreement, the Consultant grants to the Client a nonexclusive license to use the Consultant’s Instruments of Service solely and exclusively for purposes of constructing, using, maintaining, altering and adding to the Pro- ject, provided that the Client substantially performs its obligations, including prompt payment of all sums when due, under this Agreement. The Consultant shall obtain similar non- exclusive licenses from the Consultant’s consultants consistent with this Agreement. The license granted hereunder permits the Client to authorize its contractors, as well as the Cli- ent’s consultants and separate contractors, to reproduce applicable portions of the Instruments of Service solely and exclusively for use in performing services or construction for the Project. In the event the Client uses the Instruments of Service without retaining the author of the Instruments of Service, the Client releases the Consultant and Consultant’s con- sultant(s) from all claims and causes of action arising from such uses. No other license or right shall be deemed granted or implied under this Agreement. Any unauthorized use of the Instruments of Service shall be at the Client’s sole risk and without liability to the Consultant and the Consultant’s consultants. “
USE AND OWNERSHIP OF DOCUMENTS. It is understood by and agreed between the parties that all documents prepared or developed by CONSULTANT pursuant to this Agreement shall become the property of ANAHEIM and shall be delivered to ANAHEIM on hard copy and PC Microsoft compatible disk upon completion of the services.
USE AND OWNERSHIP OF DOCUMENTS. 6.4.1 All finished or unfinished documents, including, but not limited to, detailed reports, studies, plans, ESRI ArcGIS files, CAD drawings, surveys, maps, models, photographs, specifications, and all other data prepared for the Owner or furnished by Consultant pursuant to this Project Agreement shall remain the property of the Owner, and, if a copyright is claimed, the Owner shall have exclusive use of all documents in perpetuity, whether the Project for which they are made is completed or not, and shall be delivered by Consultant to Owner within ten (10) calendar days after receipt of written notice requesting delivery of said documents. The aforementioned ESRI ArcGIS files and CAD drawings will be given to the Owner in the appropriate ESRI ArcGIS or AutoCAD electronic file format. Project documents will be provided to the Owner in MSWord, PDF, or similar electronic format. In no event shall the Consultant use, or permit to be used, any of the documents without the Owner’s prior written authorization. Any reuse of such documents by the Owner without the written verification or adaptation by the Consultant for the specific purpose intended will be at the Owner’s sole risk.
USE AND OWNERSHIP OF DOCUMENTS. 8.13.1 The drawings, specifications and other documents or things prepared by the Engineer for the Project shall become and be the sole property of the Owner. The Engineer shall be permitted to retain copies thereof for its records and for its future professional endeavors. Such drawings, specifications and other documents or things are not intended by the Engineer for use on other projects by the Owner or others.
USE AND OWNERSHIP OF DOCUMENTS. 7.4.1 The drawings, specifications and other documents or things prepared by the Architect for the Project shall become and be the property of the Owner. Any prototype design prepared by the Architect may be used by the Architect on other Projects. The Architect shall be permitted to retain copies thereof for its records and for its future professional endeavors. Any reuse by the Owner or by third parties without the written approval of the Architect, shall be at the sole risk of the Owner and the Owner shall indemnify and save harmless the Architect from any and all liability, costs, claims, damages, losses, and expenses including attorneys’ fees arising out of, or resulting from, such reuse; provided however, that this agreement to indemnify and save harmless shall not apply to any reuse of documents retained by, or through, the Contractor.
USE AND OWNERSHIP OF DOCUMENTS. MAKTINTA retains all intellectual property rights including copyrights in all reports, field data, notes, calculations, estimates, plans, drawings, specifications and other documents, which MAKTINTA prepares as instruments of service. Upon full payment of MAKTINTA’s invoices, MAKTINTA grants CLIENT a nonexclusive limited license to use the drawings, specifications, reports and other instruments of service furnished by MAKTINTA, or its agents, but only for the project for which they are prepared and intended. If MAKTINTA is not paid in full for all its services CLIENT shall, upon demand, return to MAKTINTA all drawings, specifications reports and other work furnished by MAKTINTA, or its agents, along with all copies, whether tangible or intangible, and refrain from using all such documents for any purpose whatsoever. MAKTINTA will retain records that it deems pertinent relating to its services for five years following performance of its services, during which period the records will be made available to CLIENT at CLIENT’S sole costs.
USE AND OWNERSHIP OF DOCUMENTS. 13.1 All reports, letters, plans, figures, specifications, computer files, field data, logs, notes and other documents and instruments prepared by Cornerstone as instruments of service shall remain the property of Cornerstone. Cornerstone shall retain all common law, statutory and other reserved rights, including copyright thereto. In the event the Client, the Client’s contractors or subcontractors, or anyone for whom the Client is legally liable makes or permits to be made any changes to reports, letters, plans, figures, specifications, computer files, field data, logs, notes and other documents prepared by Cornerstone without obtaining Cornerstone’s prior written consent, the Client shall assume full responsibility for the results of such changes. Therefore, the Client agrees to waive any claim against Cornerstone and to release Cornerstone from any liability arising directly or indirectly from such changes. In addition, the Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Cornerstone from any damages, liabilities or costs, including reasonable attorney’s fees and costs of defense, arising from such changes. The Client agrees that all reports, letters, plans, figures, specifications, computer files, field data, logs, notes and other documents and other services furnished to the Client or its agents and/or employees by Cornerstone, which are not paid for, shall be immediately returned upon demand and may not be used by the Client for any purpose. Any reports, letters, plans, figures, specifications, computer files, field data, logs, notes and other documents, advice or opinions provided by Cornerstone to the Client as part of the Work are provided for the sole and exclusive use of the Client for specific application to the Site detailed in this Agreement. Any third party use of any drafts, reports, letters, plans, figures, specifications, computer files, field data, logs, notes and other documents, advice or opinion of Cornerstone is the sole responsibility of the Client.
USE AND OWNERSHIP OF DOCUMENTS. 8.01 Drawings, estimates, and reports prepared under this Agreement will become the property of the CLIENT at the completion of services and upon full payment of all services rendered.
