Common use of IPRs Clause in Contracts

IPRs. 16.1 The Grantee shall ensure that it is, or shall become upon creation, and shall remain for any purposes contemplated by this Agreement the absolute legal and beneficial owner of all IPRs in the Project Materials (other than the Third Party Materials). To that end, the Grantee shall make it a condition of its contracts with the Project Co-ordinator, the Deputy Project Co-ordinator, the Sponsor, any of the Grantee’s Directors, employees, contractors, sub-contractors, agents or other personnels who have in any way contributed towards or are in any way involved in the Project that the Grantee shall be, or shall become upon creation, and shall remain the absolute legal and beneficial owner of all IPRs created as aforesaid for any purposes contemplated by this Agreement to the exclusion of such Project Co-ordinator, Deputy Project Co-ordinator, Sponsor, Directors, employees, contractors, sub-contractors, agents or other personnels. 16.2 The Grantee hereby grants for the benefit of the Government, its authorized users, assigns and successors-in-title an unconditional, irrevocable, non-exclusive, perpetual, royalty-free and world-wide licence to Use the Project Materials (and in relation to any Third Party Materials in respect of which the Grantee is not empowered to grant licence(s), the Grantee hereby undertakes to procure the grant of such licence(s) (on similar terms as those being granted by the Grantee under this Clause 16.2) for the benefit of the Government, its authorized users, assigns and successors-in-title in respect of such Third Party Materials prior to their Use by the Grantee) for any purposes and by any means and in any manner. The Grantee shall deliver the Project Materials to the Government. 16.3 The Grantee shall keep the Government informed in writing of any Third Party Materials which the Grantee is not empowered to grant any licence(s) pursuant to Clause 16.2 above and any restrictions whatsoever affecting the Use thereof. The Grantee shall produce to the Government for inspection within two (2) days upon the Government’s request all proper licences in writing obtained or procured pursuant to Clause 16.2 in respect of the Third Party Materials. 16.4 The Grantee hereby irrevocably waives, and undertakes to procure all relevant authors of the Project Materials to irrevocably waive all moral rights (whether past, present or future) in the Project Materials. Such waiver shall operate in favour of the Government, its authorized users, assigns and successors-in-title as from the date the relevant licence takes effect. 16.5 The Grantee shall at all times during the validity of this Agreement exercise due diligence in software asset management and, as and when required by the Government, furnish to the Government satisfactory evidence that this sub-clause has been complied with. (a) The Grantee shall, at its own cost and expense and before the fixation and/or recording of any [competitions / performance(s)] in relation to the Project, obtain all the consent and clearance from the [sportsmen / performer(s)] as may be necessary for such fixation and/or recording of the [competitions/ performance(s)] and for any Uses and exploitation of such fixation or recording, or copies thereof, as contemplated by this Agreement. For the purpose of this Clause, the terms “performance”, “performer” and “fixation” shall have the same meanings as those assigned to them in section 200 of the Copyright Ordinance (Cap. 528).