Performing Agency’s Pre-existing Works. A. To the extent that Performing Agency incorporates into the Work Product any works of Performing Agency that were created by Performing Agency or that Performing Agency acquired rights in prior to the Effective Date of this Contract (“Incorporated Pre-existing Works”), Performing Agency retains ownership of such Incorporated Pre-existing Works.
B. Performing Agency hereby grants to System Agency an irrevocable, perpetual, non- exclusive, royalty-free, transferable, worldwide right and license, with the right to sublicense, to use, reproduce, modify, copy, create derivative works of, publish, publicly perform and display, sell, offer to sell, make and have made, the Incorporated Pre-existing Works, in any medium, with or without the associated Work Product.
C. Performing Agency represents, warrants, and covenants to System Agency that Performing Agency has all necessary right and authority to grant the foregoing license in the Incorporated Pre-existing Works to System Agency.
Performing Agency’s Pre-existing Works. A. To the extent the Performing Agency incorporates into the Work Product any works of Performing Agency that were created by Performing Agency or to which Performing Agency acquired rights prior to the Effective Date of this Contract (“Incorporated Pre-Existing Works”), Performing Agency retains ownership to such Incorporated Pre-Existing Works. For avoidance of doubt, Performing Agency also retains ownership of any works developed by Performing Agency that are unrelated to the Work under this Contract.
B. To the extent legally permitted, Performing Agency hereby grants System Agency an irrevocable, perpetual, non-exclusive, royalty-free, worldwide right and license to use, reproduce, modify, copy, create derivative works of, publish, publicly perform and display the Incorporated Pre-Existing Works for the exclusive purpose of utilizing the Work Product for System Agency’s non-commercial, governmental purposes.
Performing Agency’s Pre-existing Works. A. To the extent the Performing Agency incorporates into the Work Product any works of Performing Agency that were created by Performing Agency or that Performing Agency acquired rights in prior to the Effective Date of this Contract (“Incorporated Pre-Existing Works”), Performing Agency retains ownership to such Incorporated Pre-Existing Works.
B. To the extent legally able to, Performing Agency hereby grants System Agency an irrevocable, perpetual, non-exclusive, royalty-free, worldwide right and license to use, reproduce, modify, copy, create derivative works of, publish, publicly perform and display, the Incorporated Pre-Existing Works for the exclusive purpose of utilizing the Work Product for System Agency’s non-commercial, governmental purposes.
Performing Agency’s Pre-existing Works. A. To the extent the Performing Agency incorporates into the Work Product any works of Performing Agency that were created by Performing Agency or to which Performing Agency acquired rights prior to the Effective Date of this Contract (“Incorporated Pre-Existing Works”), Performing Agency retains ownership to such Incorporated Pre-Existing Works. For HHSC Contract No. HHS001121000001 avoidance of doubt, Performing Agency also retains ownership of any works developed by Performing Agency that are unrelated to the Work under this Contract.
B. To the extent legally permitted, Performing Agency hereby grants System Agency an irrevocable, perpetual, non-exclusive, royalty-free, worldwide right and license to use, reproduce, modify, copy, create derivative works of, publish, publicly perform and display the Incorporated Pre-Existing Works for the exclusive purpose of utilizing the Work Product for System Agency’s non-commercial, governmental purposes.
Performing Agency’s Pre-existing Works. The Parties agree that Performing Agency Contractor cannot agree to give ownership of pre-existing works nor intellectual property to DSHS. Therefore, the Section 5.2 shall not apply to Performing Agency.
