Common use of Intellectual Property Rights Clause in Contracts

Intellectual Property Rights. 9.1. Visma Software International AS (org no 980858073) – or its licensors – is the sole owner of all intellectual property rights (“IPR”) to the Services. IPR includes but is not restricted to copyright, patents, trademarks, trade names, design and product design, source code, databases, business plans and know-how, whether registered or not. All documentation, including manuals, user guides and other written, electronic or non-electronic, accounts of how the Services are set up and used (“Documentation”) is considered part of the Services and is subject to the same restrictions. All copyright, trademarks, registered trademarks, product names, company names or logos mentioned in the Services or in connection with the Services are the property of their respective owners. 9.2. Visma claims no intellectual property rights or ownership of any kind for any Data owned by the Customer and transferred to the Services. 9.3. Where software from a third party is supplied by Visma as part of or in connection with the Services, the software is subject to the TOS unless separate or additional licensing conditions have been supplied with the software. 9.4. If the Customer infringes upon Visma’s or third party’s IPR or uses the Services in a manner not authorised by the TOS, the Customer shall as a default minimum pay a fee that is equivalent to the Subscription fees which Customer has paid for the Services during the past 5 years, or the equivalent of 5 year’s Subscription fees for his current licenses, whichever is greater. The Customer acknowledges that Visma may suffer irreparable harm if its IPR is impaired or infringed, and that Visma or its licensors shall have the right to take all reasonable steps to protect its proprietary and commercial interests, including any remedy as may be available at law. The same shall apply if the Customer has, or has attempted to, acquire information or data to which it is not entitled according to the TOS.