Software Ownership. If Contractor develops or pays to have developed computer software exclusively with funds or proceeds from the Contract to perform its obligations under the Contract, or to perform computerized tasks that it was not previously performing to meet its obligations under the Contract, the computer software shall be exclusively owned by or licensed to the Department. If Contractor develops or pays to have developed computer software which is an addition to existing software owned by or licensed exclusively with funds or proceeds from the Contract, or to modify software to perform computerized tasks in a manner different than previously performed, to meet its obligations under the Contract, the addition shall be exclusively owned by or licensed to the Department. In the case of software owned by the Department, the Department grants to Contractor a nontransferable, nonexclusive license to use the software in the performance of the Contract. In the case of software licensed to the Department, the Department grants to Contractor permission to use the software in the performance of the Contract. This license or permission, as the case may be, terminates when Contractor has completed its work under the Contract. If Contractor uses computer software licensed to it which it does not modify or program to handle the specific tasks required by the Contract, then to the extent allowed by the license agreement between Contractor and the owner of the software, Contractor grants to the Department a continuing, nonexclusive license for either the Department or a different contractor to use the software in order to perform work substantially identical to the work performed by Contractor under the Contract. If Contractor cannot grant the license as required by this section, then Contractor shall reveal the input screens, report formats, data structures, linkages, and relations used in performing its obligations under the contract in such a manner to allow the Department or another contractor to continue the work performed by contractor under the Contract.
Software Ownership. Upon request, the State and all appropriate federal agencies shall receive a royalty-free, nonexclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to do so, all application software produced in the performance of this Agreement, including, but not limited to, all source, object, and executable code, data files, and job control language, or other system instructions. This requirement applies only to software that is a specific deliverable under this Agreement, or is integral to the program or service funded under this Agreement, and is primarily financed with funding provided under this Agreement.
Software Ownership. Xxxxx acknowledges and agrees that Xxxxxx retains the sole and exclusive ownership of all rights, title and interest in and to the Software and any derivatives thereof and all intellectual property rights associated therewith.
Software Ownership. It is fully authorized to grant to the BTC Recipients, such rights, title, interest and ownership (or license rights to use, as applicable) as are granted pursuant to the Service Modules.
Software Ownership. Provider is authorized to grant to the BFA Recipients such rights, title, interest and ownership (or license rights to use, as applicable) necessary for BFA or BFA Recipients to use any Provider Technology provided to BFA or BFA Recipients in connection with BFA’s and BFA Recipients’ right to use the Services provided hereunder and in accordance with the terms hereof.
Software Ownership. To the extent any Contract Products provided under this Agreement contain System Software or any other Software that is not Application Software, B&R owns all rights, title and interest in such Software, including any and all intellectual property rights or other proprietary rights in and to the Software. No ownership rights to such Software, including any intellectual property or proprietary rights, shall pass to Purchaser merely by way of such Software being provided to Purchaser under this Agreement; nor is such Software deemed “a work made for hire” under the Copyright Act. Regarding any Foreground IP created by either Party or both resulting from direct improvements to the System Software, B&R hereby owns and shall own all right, title and interest in such Foreground IP. Regarding any Foreground IP created by either Party or both resulting from creation of Application Software: a) Purchaser may own such Foreground IP to the extent such software routines are specific to controlling Purchaser’s machines according to its specifications; and b) B&R hereby owns and shall own any general routines applicable to multiple use-cases and machines, general-purpose libraries and similar.
Software Ownership. Licensor represents and warrants that it is the sole owner (or is an authorized licensee) of the Software and Source Code and all portions thereof and that it has the right to modify same and to grant Licensee the Software and Source Code License and that Licensee shall have no obligation or liability toward any third parties for the exercise of the License and that Licensee's use of the Software and Source Code will not infringe any third party rights in any patent, copyright, trade secret or other proprietary right.
Software Ownership. 20 a. COUNTY will not decompile or disassemble any Licensed Software provided under 21 this Agreement. COUNTY will make and maintain copies of the Licensed Software for archiving, 22 disaster recovery, backup, fault tolerance and parallel processing procedures of the Licensed Software 23 and each copy will contain all legends and notices and will be subject to the same conditions and 24 restrictions as the original.
25 b. If COUNTY’s computers on which any item of Licensed Software is licensed become 26 temporarily unavailable, use and license of such software may be temporarily transferred to an 27 alternative COUNTY computer.
28 c. This Agreement does not transfer to COUNTY title to any intellectual property 29 contained in any Licensed Software, Documentation or proprietary information. Documentation 30 licensed hereunder does not include any materials designed for or used in the Maintenance of
Software Ownership. Except to the extent that a third party software provider reserves rights in software being provided herein, all patents, patentable material, copyrights, trademarks, trade secrets, service marks, trade names, intellectual property and other proprietary rights in or related to the Software are and will remain the exclusive property of ISx whether or not specifically recognized or perfected in the laws of the jurisdiction in which the Software is used or licensed. Licensee will not take any action that jeopardizes ISx’s proprietary rights or acquire any right in the Software or Confidential Information. ISx will own all rights in any permitted copy, translation, modification, adaptation or derivation of the Software or Confidential Information, if any, including any Enhancement or Updates, if any. Unless otherwise provided, Licensee also acknowledges that ISx owns all proprietary rights, including patent, copyright, trade secret and other proprietary rights, in and to the Software and any corrections, bug fixes, enhancements, updates or other modifications, including custom modifications, to the Software. Licensee will obtain, at ISx’s request, the execution of any instruments that may be appropriate to assign these rights, or any other rights reasonable and necessary to Licensee rights (if any) in the Software, to ISx, its parents, subsidiaries, Affiliates or assigns, or perfect these rights in ISx’s name. All rights not expressly granted herein to Licensee are retained by ISx. Both ISx and Licensee agree to reproduce the copyright notice and any other legend of ownership on any copies made under the licenses granted in this part.
Software Ownership. Partner hereby acknowledges that, as between Broadbase and Partner, Broadbase is the owner of all right and title in and to the Software, and Partner shall acquire no rights in or to the Software.
