Common use of Websites Clause in Contracts

Websites. (a) Destra agrees that the Funds and the Adviser or its affiliates have reserved all rights in and to the trademarks, trade names, trade devices, symbols, insignias, service marks, logos, slogans and other indicia of origin and proprietary identifying symbols that the Adviser, the Funds or any of their affiliates owns or any abbreviation, contraction, designation or simulation thereof used by the Adviser or the Funds or any of their affiliates (the “Xxxxx Xxxxx”). Destra and its employees, agents, contractors and representatives shall not make use of the Xxxxx Xxxxx, except as authorized in writing by the Adviser or the Funds (as the case may be) in connection with Destra providing the Services. Nothing in this Agreement transfers any rights in any Xxxxx Xxxxx to Destra or it employees, agents, contractors or representatives. (b) Destra agrees and acknowledges that the Funds or their affiliates own all right, title, and interest, in or to, the Fund’s website, the source code underlying the Funds’ websites, any patentable inventions or copyrightable material that Destra develops specifically for the purpose of performing the Services for the Funds, including any moral rights, and that any such copyrightable material is a “work made for hire.” To the extent that ownership of the Funds’ websites, the source code underlying the Funds’ websites, any such patentable inventions or copyrightable material are not vested in the Funds, Destra hereby assigns all right, title, and interest, in or to, any rights under copyright, patent or otherwise to the Funds or their affiliates, as applicable. Destra further agrees to execute, or to cause Destra’ s employees, agents, contractors or representatives to execute, any documents or do such other acts as the Funds or the Adviser may reasonably require in order to confirm the Funds’ or their affiliates’ ownership in any such copyrights or patents with the appropriate governmental authority. Any intellectual property rights licensed by Destra for the purposes of performing the Services shall be assignable to the Funds or their affiliates upon the Funds’ or the applicable affiliate’s request, unless the Funds or their applicable affiliate gives prior, written consent to enter such a license.