Common use of Intellectual Property Rights and Ownership Clause in Contracts

Intellectual Property Rights and Ownership. A. Licensee acknowledges that the Software Product is provided under license, and not sold or given, to Licensee. Licensee does not acquire any ownership interest in the Software Product or Documentation provided under this Agreement, or any other rights to the Software Product or Documentation other than to use and access the Software Product in accordance with the license granted under this Agreement, subject to all terms, conditions, restrictions and Authorized Use. Arcserve and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Documentation, the Software Product, including without limitation all copies, updates, upgrades, releases, revisions, enhancements, modifications, translations, localizations, components, and features and all Intellectual Property Rights arising out of or relating to the Documentation or the Software Product, subject to the license expressly granted to the Licensee in this Agreement. Licensee shall use commercially reasonable efforts to safeguard the Software Product (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. Licensee’s right to use and access the Software Product and Documentation are limited to those rights expressly identified in this Agreement.