Preexisting works. For any preexisting works in a Contribution, a Member grants to the Council a perpetual (for the duration of the applicable copyright), worldwide, non-exclusive, no-charge, royalty-free, copyright license, without any obligation for accounting to the Member, to reproduce, prepare derivative works of, publicly display, publicly perform, sublicense, and distribute copies of the preexisting works in the Contribution to the full extent of the Member’s copyright interest in the Member’s contribution to that Document.
Preexisting works. Supplier will not include any Preexisting Works in any Deliverable unless they are listed in the relevant PO. If Supplier includes any Preexisting Works in a Deliverable whether or not listed in the relevant PO, Supplier grants or will obtain for INTESA and Customer the following rights: a nonexclusive, worldwide, perpetual, irrevocable, paid-up, license to prepare and have prepared derivative works of such Preexisting Works and to use, have used, execute, reproduce, transmit, display, perform, transfer, distribute, and sublicense such Preexisting Works or their derivative works, and to grant others the rights granted in this Subsection.
Preexisting works. Client acknowledges that, with the exception of Original Materials, Nexgenix shall retain all right, title and proprietary interest in any and all work product not developed under this Agreement, and that Nexgenix may have developed, or may develop in the future, from time to time, independently of its activities under this Agreement, including certain work product with similar functionality as those developed hereby. Client agrees to and consents to such development by Nexgenix provided that (a) no source code used in the development of Client's work product shall have been used or copied in any manner which, if so adjudicated, would constitute a copyright violation of Client's existing copyrights, and (b) Client continues to own all right, title, copyright and other proprietary interest in any Original Materials or other Nexgenix-developed product developed directly for Client's benefit hereunder. In addition, Client acknowledges that Nexgenix claims and reserves all rights and benefits afforded under federal law in Nexgenix's existing programs as copyrighted works (e.g. Nexgenix's application frameworks and application templates, etc.). Further, in the event that any Deliverable constitutes a Derivative Work of any preexisting work not owned by Nexgenix or which is and will continue to be the property of Nexgenix, then Nexgenix shall provide in the Statement of Work pertaining to such Deliverable (a) the nature of such preexisting work; (b) its owner (a third party or Nexgenix); (c) any restrictions or royalty terms applicable to Nexgenix's use of such preexisting work or Client's exploitation of the Deliverable as a Derivative Work thereof; and (d) the source of Nexgenix's authority to employ the preexisting work in the preparation of the Deliverable. Nexgenix hereby grants Client a non-exclusive, non-sublicenseable, non-transferable, perpetual, royalty-free, license in any Nexgenix Preexisting Works that may be included in a Deliverable for use in connection with the internal business activities of Client.
Preexisting works. (a) In the event that any Deliverable or part thereof constitutes a Derivative Work of any preexisting works owned by either party, or in the event either party requires the other party's preexisting works in order to perform under this Agreement, each party hereby grants to the other party and its Affiliates a non-exclusive, worldwide, royalty-free right and license to use, execute, reproduce, display, perform and distribute internally such preexisting works for the sole and limited purpose of developing the Deliverables and performing the Services in accordance with this Agreement. All rights not granted herein are specifically reserved. For purposes of this Section 5.2, "preexisting works" shall include, but not be limited to, the Specifications (including the specifications for the [*] and [*] systems) and "SBCL SCAN" software, in the case of SBCL, and the "Provider Link" software, in the case of ACTAMED.
Preexisting works. In the event that any Deliverable constitutes a Derivative Work of any preexisting work, BestIT shall ensure that the Work Statement pertaining to such Deliverable so indicates by reference to (i) the nature of such preexisting work, (ii) its owner, (iii) any restrictions or royalty terms applicable to BestIT’s use of such preexisting work or Customer’s exploitation of the Deliverable as a Derivative Work thereof, and (iv) the source of BestIT’s authority to employ the preexisting work in the preparation of the Deliverable. Unless otherwise specifically agreed in the Work Statement pertaining to such Deliverable, before initiation of the preparation of any such Deliverable that is a Derivative of a preexisting work, BestIT shall cause Customer, its successor and assigns, to have and obtain the irrevocable, nonexclusive, worldwide, royalty-free right and license to (i) use, execute, reproduce, display, perform, distribute internally or externally, sell copies of, prepare Derivative Works based upon all preexisting works and Derivative Works thereof, and (ii) authorize or sublicense others from time to time to do any or all of the foregoing.
Preexisting works. Buyer acknowledges Seller’s ownership in all Intellectual Property Rights in all material that can be evidenced by Seller to have been created by Seller prior to the commencement of the work related to the services and production of the deliverables (the "Pre-Existing Works") that do not include or reference Confidential Information of Buyer, which shall remain vested in Seller. Seller shall grant to Buyer a worldwide, perpetual, fully paid up, irrevocable, non-exclusive and non-transferable license to use, copy and modify the Pre- Existing Works related to the services and/or deliverables and that are delivered to Buyer.
Preexisting works. If in the course of performing the Services, Company incorporates into any deliverable or Invention any other work of authorship, invention, discovery, improvement or information existing before the Effective Date that is owned or controlled by Company (a “Pre-Existing Work”) or Company Work Product (as defined in Section 8.3), Company will grant and does now grant to Client a nonexclusive, royaltyfree, perpetual, irrevocable, worldwide license to reproduce, manufacture, modify, distribute, use, import, and otherwise exploit the Pre-Existing Work or Company Work Product, as applicable, as part of or in connection with the deliverable or Invention.
Preexisting works. Title to all works, including any software, codes, data, interfaces and documentation or portions thereof, used and/or developed by AppliedTheory prior to the date of agreement number C000525 or developed by AppliedTheory for purposes other than in connection with the Software, and to all algorithms, know-how, ideas, techniques, and concepts used by AppliedTheory in the performance of this Agreement, whether or not
Preexisting works. Contractor may include work or materials in a Work that were conceived, created, or developed prior to execution of an SOW in Contractor’s services or deliverables (collectively, “Pre-existing Materials”) to ABGIL hereunder only if the Pre-existing Materials are provided by ABGIL or if the Pre-existing Materials are owned or licensable without restriction by Contractor. To the extent that Pre-existing Materials owned or licensed by Contractor are included in a Work, Contractor shall identify and provide a description of the Pre-existing Materials prior to commencement of the services involving the Pre-existing Materials and shall provide a separate and express warranty that Contractor has the right to include the Pre-existing Materials in a Work hereunder. Contractor grants and agrees to grant to ABGIL an irrevocable, nonexclusive, worldwide, royalty-free right and license to use, execute, reproduce, display, perform, sell, distribute (internally and externally) copies of, prepare derivative works based upon, and otherwise exploit Pre-existing Materials as included in any Work, and the right to authorize others to do any of the foregoing. Contractor shall, at Contractor’s expense, be responsible for obtaining any consent of third parties necessary for ABGIL to fully exercise ABGIL’s rights hereunder, including all consents and releases necessary for the use of any music, including synchronization rights, photo, graphic, and other copyrighted materials, and the name, likeness, portrait, and picture of any person in any advertising, promotional, and other materials that Contractor prepares for ABGIL, including consents from ABGIL’s employees who appear in such materials. Such consents and releases shall be sufficient to allow Contractor to pass copyright ownership to ABGIL as required hereunder, unless otherwise agreed to in writing by the parties.
Preexisting works. In the event that any Deliverable constitutes a Derivative Work of any preexisting work, Pencom shall ensure that the Work Statement pertaining to such Deliverable so indicates reference to (1) the nature of such preexisting work, (2) its owner, (3) any restrictions or royalty terms applicable to Pencom's use of such preexisting work or Tivoli's exploitation of the Deliverable as a Derivative Work thereof, and (4) the source of Pencom's authority to employ the preexisting work in the preparation of the Deliverable. Before initiating the preparation of any such Deliverable that is a Derivative Work of a preexisting work licensed by Tivoli, Pencom shall cause Tivoli, its successors and assigns, to have and obtain the irrevocable, non-exclusive, worldwide, royalty-free license and right to (1) use, execute, reproduce, display, perform, distribute internally and externally, sell copies of, and prepare Derivative Works based upon all preexisting works and Derivative Works thereof, and (2) authorize or sub license others from time to time to do any or all of the foregoing.
