Developed IBM Software Sample Clauses

Developed IBM Software. The following Software developed pursuant to this Agreement by IBM or its subcontractors (alone or jointly with others) shall be considered “Developed IBM Software”: (a) modifications to, or upgrades or enhancements (derivative works) of, IBM Software; (b) newly developed software that does not modify or enhance then-existing Software for which IBM does not charge AMO on a project basis; and (c) modifications to, or enhancements (derivative works) of, Third Party Software provided by IBM under this Agreement. As between the Parties, IBM shall have all rights, title and interest in and to Developed IBM Software and all copies made from it. IBM hereby grants to AMO a perpetual, worldwide, fully paid-up, non-exclusive, worldwide license to: (i) use all Developed IBM Software (other than with respect to the Software which IBM is not entitled to license to AMO under IBM’s license with the third party and which AMO is not entitled to use under its own license agreements with the third party) solely to provide services similar to the Services for itself and any other Service; and (ii) permit third parties to use all Developed IBM Software (other than with respect to the Third Party Software that IBM is not entitled under its license agreement with the Third Party Software vendor to license to third parties unless such third parties are entitled to use under their own license agreements with the third party); and for (i) and (ii) that is developed specifically for use in the AMO IT environment, or that is otherwise necessary for AMO to maintain Service continuity after transitioning responsibility for the Services to a third party, solely to provide services similar to the Services for AMO and any other Service Recipients.