Common use of Licensee Modifications Clause in Contracts

Licensee Modifications. Notwithstanding the provisions of Section 9.1 or any other provision herein to the contrary, Licensee shall be the sole and exclusive owner of all modifications of the Palm Source Code made by or on behalf of Licensee hereunder (collectively, "Modifications"). Licensee agrees to provide Palm, upon Palm's request, copies of all Modifications. Licensee hereby grants to Palm a worldwide, nonexclusive, fully paid, royalty free, irrevocable (except pursuant to Section 15.4) license to use, reproduce, modify, display and distribute the Modifications in source code and/or executable form, including the right to sublicense such rights through single or multiple tiers of distribution. When providing Modifications to Palm, Licensee shall identify to Palm in writing all third party software or other intellectual property in such Modifications which Licensee has licensed and for which Palm needs to seek its own license ("Third Party Software"), including a description of the Third Party Software, the licensor and the price paid by Licensee to obtain such license. Licensee shall not be required to disclose the price to Palm if Licensee is restricted from doing so in its license with such licensor. Subject to receiving such written identification at such time, Palm acknowledges and agrees that its ability to use such Modifications may be subject to acquiring licenses for such Third Party Software from third parties, that it shall be solely responsible for obtaining all such licenses, and that Licensee shall not be obligated to provide or procure such licenses. Except with respect to the Third Party Software which Licensee has identified pursuant to this Section 9.5, the foregoing sentence is not intended to limit Licensee's obligations pursuant to Section 11.3.

Appears in 2 contracts

Sources: Software License Agreement (Omnisky Corp), Software License Agreement (Omnisky Corp)