Common use of Micron Clause in Contracts

Micron. (a) Notwithstanding Section 8.1 above, to the extent Intermolecular passes on Filing Request(s) during the Draft and Micron becomes the Selecting Party, pursuant to Section 11 below, Micron shall solely own all right, title, and interest in the [***] related to such Filing Request(s). (b) Micron shall solely own all right, title, and interest in and to the [***], except to the extent Micron may assign such [***] to Intermolecular as a result of the Draft pursuant to Section 11 below. Intermolecular agrees to assign and hereby assigns to Micron all such right, title, and interest in the [***] that Intermolecular may possess, now or in the future. (c) Micron reserves all rights not expressly granted to Intermolecular herein. Except as may be expressly set forth in this Agreement, this Agreement does not, and shall not be deemed to, whether by implication, estoppel, operation of law or otherwise, assign, grant or otherwise transfer to Intermolecular or any other entity any right, title, interest, license or any other privilege in or to any Intellectual Property or Trademark Rights of Micron, including without limitation with respect to the Micron Background IP and any Technology developed solely by Micron in connection with any Project SOW. With respect to any Micron Background IP that may be disclosed to Intermolecular or Intermolecular's Permitted Subcontractors in connection with this Agreement, Intermolecular and Intermolecular's Permitted Subcontractors shall not use such Micron Background IP for any purpose other than to provide the Services to Micron. Nothing in this Agreement shall be construed to preclude, prohibit, restrict or otherwise limit Micron in any way from granting to any entity any licenses or rights to or under any Intellectual Property of Micron, in Micron's sole discretion. Section 9 [Intentionally Omitted.] Section 10

Micron. (a) Notwithstanding Section 8.1 above, to the extent Intermolecular passes on Filing Request(s) during the Draft and Micron becomes the Selecting Party, pursuant to Section 11 below, Micron shall solely own all right, title, and interest in the [***] related to such Filing Request(s). (b) Micron shall solely own all right, title, and interest in and to the [***], except to the extent Micron may assign such [***] to Intermolecular as a result of the Draft pursuant to Section 11 below. Intermolecular agrees to assign and hereby assigns to Micron all such right, title, and interest in the [***] that Intermolecular may possess, now or in the future. (c) Micron reserves all rights not expressly granted to Intermolecular herein. Except as may be expressly set forth in this Agreement, this Agreement does not, and shall not be deemed to, whether by implication, estoppel, operation of law or otherwise, assign, grant or otherwise transfer to Intermolecular or any other entity any right, title, interest, license or any other privilege in or to any Intellectual Property or Trademark Rights of Micron, including without limitation with respect to the Micron Background IP and any Technology developed solely by Micron in connection with any Project SOW. With respect to any Micron Background IP that may be disclosed to Intermolecular or Intermolecular's Permitted Subcontractors in connection with this Agreement, Intermolecular and Intermolecular's Permitted Subcontractors shall not use such Micron Background IP for any purpose other than to provide the Services to Micron. Nothing in this Agreement shall be construed to preclude, prohibit, restrict or otherwise limit Micron in any way from granting to any entity any licenses or rights to or under any Intellectual Property of Micron, in Micron's sole discretion. Section 9 [Intentionally Omitted.] Section 10