Ownership of Modifications. Licensee shall retain its ownership of all modifications made by Licensee to the sample source code provided under this attachment, subject to PalmSource’s ownership of the underlying sample source code and the covenant not to Assert set forth in Section 10.6(c) (Covenant Not to Assert) (“Retained Modifications”). In the event of a conflict or inconsistency between the ownership terms of this Source Code Attachment No. 10 and those in either of this Agreement or Source Code Attachment No. 2, the terms of this attachment shall control.
Ownership of Modifications. Tepha hereby assigns to Metabolix all of its right, title and interest in and to the Modifications, including any and all intellectual property rights therein. Tepha also agrees to promptly execute all assignments and patent applications, and similar documents as reasonably requested by Metabolix. If Metabolix shall be unable to obtain Tepha's execution of such documents for any reason, Tepha hereby irrevocably appoints Metabolix and its agents as Tepha's agents and attorneys-in-fact to execute such documents with the same legal effect as if Tepha shall have executed them.
Ownership of Modifications. Any modifications, adaptations or derivative works of the Xxxxxx soft Software or the Customer Products shall be owned as set forth in this section:
Ownership of Modifications. All improvements and modifications to the Licensed Technology shall remain the sole and absolute property of UOR and SRS. ASEC does not obtain any rights, title or interests, including but not limited to intellectual property rights, in the Licensed Technology, other than the license conferred herein. Any equipment or other ideas not comprising the Licensed Technology shall be the property of ASEC.
Ownership of Modifications. XXXXXXXXX and M.I.T. retain ownership of any TANGIBLE PROPERTY, whether or not included or incorporated within modifications.
Ownership of Modifications. Lender shall have the full right, title and interest, to all such changes, modifications and enhancements, including but not limited to the incorporation thereof into the Services for assignment, license or other transfers to third parties.
Ownership of Modifications. Any improvements, modifications, adaptations, enhancements or derivative works of or to the Licensed Materials or made from the source code to the Software (the "Source Code"), including without limitation all intellectual property rights with respect thereto, (collectively, "Modifications") shall be owned by Licensee or its successors or assigns. Xxxx hereby assigns to Licensee all rights, title and interests in and to Modifications. Xxxx shall deliver to Licensee all copies of Modifications.
Ownership of Modifications. WHXXXXXXX xetains ownership of any TANGIBLE PROPERTY included or incorporated within modifications.
Ownership of Modifications. ICC shall own all right, title and interest, including all Intellectual Property Rights, in and to any modifications of the Licensed Materials; the provisions in this Section shall not be deemed to grant to Licensee a right or privilege to make Modifications except as otherwise expressly permitted in this Agreement. If Licensee makes any Modifications to the Licensed Materials, Licensee shall be deemed to have assigned to ICC ownership of all program code and data for such Modifications, unless ICC and Licensee expressly agree otherwise in a writing that specifically identifies such Modifications made by Licensee. Licensee retains rights to Licensee Confidential Information. Nothing in this Section shall limit ICC's Intellectual Property Rights. So long as this Agreement is in effect, Licensee shall have a non-exclusive, royalty-free license to use any Modifications made by Licensee in accordance with the terms of this Agreement. Subject to the limitations set forth in this Section, ICC's ownership includes, without limitation, the right to produce, make, use, modify, prepare derivative works, display publicly, perform publicly, sell, license or otherwise distribute or dispose of all Modifications. LIMITATIONS OF LIABILITY EXCEPT AS EXPRESSLY SET FORTH ABOVE, ICC MAKES NO WARRANTY, REPRESENTATION, PROMISE, OR GUARANTEE, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, REGARDING THE LICENSED MATERIALS, INCLUDING WITHOUT LIMITATION THEIR QUALITY, PERFORMANCE, SUITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ICC EXPRESSLY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY STATED HEREIN. LICENSEE ASSUMES THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE LICENSED MATERIALS. SHOULD THE LICENSED MATERIALS PROVE DEFECTIVE, LICENSEE AND NOT ICC ASSUMES THE ENTIRE COST OF NECESSARY SERVICING, REPAIR, OR CORRECTION. LICENSEE'S SOLE REMEDIES AND THE ENTIRE LIABILITY OF ICC ARE SET FORTH ABOVE. IN NO EVENT WILL ICC BE LIABLE TO LICENSEE OR ANY OTHER PERSON FOR ANY DAMAGES, INCLUDING ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, EXPENSES, LOST PROFITS, LOST SAVINGS OR OTHER DAMAGES ARISING OUT OF USE OR INABILITY TO USE THE LICENSED MATERIALS OR IN ANY WAY RELATING TO THE LICENSED MATERIALS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO LICENSEE. BECAUSE SOFTWARE IS INHERENTLY COMPLEX AND MAY NOT BE COMPLETELY FR...
Ownership of Modifications. Any separate copyright or other intellectual property rights of any nature that come into existence at any time as a result of any modification or alteration of the Software, or entry of data into the Software, created by or for LICENSEE, shall vest solely in RTL, and LICENSEE assigns all rights, title, and interest, including, but not limited to, copyright in the modifications to the Software and related data to RTL. Any Licensee IP which is not considered by RTL, acting reasonably, as part of the Software, in planned releases, shall vest solely in LICENSEE and RTL hereby assigns, to the extent allowed under applicable law, all rights, title, and interest, including but not limited to, copyright in the enhancements made by LICENSEE, in and to such Licensee IP to LICENSEE. 3.5
