Common use of Xxxxxxxx; Derivative Works Clause in Contracts

Xxxxxxxx; Derivative Works. If Customer, at any time during the Term, provides Datapath with comments, suggestions or other feedback (collectively, “Feedback”) regarding the Datapath Services or Datapath Technology, Datapath will own such Feedback as derivative works of Datapath Services or Datapath Technology. Customer agrees that all Feedback is and shall be given entirely voluntarily. Datapath’s use of Feedback will not cause any Datapath product, technology, service or documentation incorporating or derived from such Feedback, or any Datapath intellectual property rights therein, to be licensed to or otherwise shared with Customer or any third party. Furthermore, except as otherwise provided herein or in a separate subsequent written agreement between the parties, Datapath shall be free to use, disclose, modify, reproduce, license, distribute, practice, commercialize, further develop and otherwise freely exploit the Feedback as it determines in its sole discretion without obligation to Customer or restriction of any kind. If despite the express agreement of the parties to the contrary, Customer is deemed to own any Feedback, Customer hereby grants to Datapath a non-exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide license to use, disclose, modify, reproduce, license, distribute, practice, commercialize, further develop and otherwise freely exploit without restriction or payment of any kind all such Feedback.

Xxxxxxxx; Derivative Works. If Customer, at any time during the Term, provides Datapath with comments, suggestions or other feedback (collectively, “Feedback”) regarding the Datapath Services or Datapath Technology, Datapath will own such Feedback as derivative works of Datapath Services or Datapath Technology. Customer agrees that all Feedback is and shall be given entirely voluntarily. Datapath’s use of Feedback will not cause any Datapath product, technology, service or documentation incorporating or derived from such Feedback, or any Datapath intellectual property rights therein, to be licensed to or otherwise shared with Customer or any third partyThird-Party. Furthermore, except as otherwise provided herein or in a separate subsequent written agreement between the parties, Datapath shall be free to use, disclose, modify, reproduce, license, distribute, practice, commercialize, further develop and otherwise freely exploit the Feedback as it determines in its sole discretion without obligation to Customer or restriction of any kind. If despite the express agreement of the parties to the contrary, Customer is deemed to own any Feedback, Customer hereby grants to Datapath a non-exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide license to use, disclose, modify, reproduce, license, distribute, practice, commercialize, further develop and otherwise freely exploit without restriction or payment of any kind all such Feedback.

Xxxxxxxx; Derivative Works. If Customer, at any time during the Term, provides Datapath SHDT with comments, suggestions or other feedback (collectively, “Feedback”) regarding the Datapath SHDT Services or Datapath SHDT Technology, Datapath SHDT will own such Feedback as derivative works of Datapath the Services or Datapath SHDT Technology. Customer agrees that all Feedback is and shall be given entirely voluntarily. DatapathSHDT’s use of Feedback will not cause any Datapath SHDT product, technology, service or documentation incorporating or derived from such Feedback, or any Datapath SHDT intellectual property rights therein, to be licensed to or otherwise shared with Customer or any third party. Furthermore, except as otherwise provided herein or in a separate subsequent written agreement between the parties, Datapath SHDT shall be free to use, disclose, modify, reproduce, license, distribute, practice, commercialize, further develop and otherwise freely exploit the Feedback as it determines in its sole discretion without obligation to Customer or restriction of any kind. If If, despite the express agreement of the parties to the contrary, Customer is deemed to own any Feedback, Customer hereby grants to Datapath SHDT a non-exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide license to use, disclose, modify, reproduce, license, distribute, practice, commercialize, further develop and otherwise freely exploit without restriction or payment of any kind all such Feedback.. CUSTOMER RESPONSIBILITIES