Common use of Corning Clause in Contracts

Corning. for itself and on behalf of any applicable Subsidiary, hereby grants Avanex and its Subsidiaries (a) as sole licensee (but sole only with respect to Corning OCM Products), a perpetual, worldwide, irrevocable, royalty-free license (but subject to any royalties owed to third parties, which shall be the responsibility of Avanex), under the Corning Licensed Copyrights, with the right to sublicense (subject to Section 9.2 below), to copy, modify, make derivative works of, and distribute any copyrightable materials covered by a Corning Licensed Copyright and derivative works thereof made by or for Avanex, and (b) a nonexclusive, worldwide, royalty-free, irrevocable, perpetual license, under the Corning Licensed Copyrights, with the right to sublicense (subject to Section 9.2 below), to copy, modify, make derivative works of, and distribute any copyrightable materials covered by a Corning Licensed Copyright and derivative works thereof made by or for Avanex, for purposes other than those related to the Corning OCM Products. Such licenses shall be limited to Corning Licensed Copyrights which rightfully come into the possession of Avanex as of the Asset Purchase Closing pursuant to the Purchase Agreement.