Pre-Existing Works. Each Party will retain all right, title and interest ------------------ in and to all of its Pre-Existing Works, including but not limited to all trade secret, copyright, patent and other intellectual property rights in and to such Pre-Existing Works. Except as otherwise provided in this Agreement, each Party is free to develop or distribute products or perform services similar to or based on its Pre-Existing Works for any entity.
Pre-Existing Works. Seller hereby grants and shall grant to Buyer an irrevocable, nonexclusive, royalty-free license to practice any of the exclusive rights under the patents, copyrights, or trade secrets subsisting in all Seller’s Pre-Existing Works incorporated into a Buyer Work, but only for purposes of, and incidental to, Xxxxx’s enjoyment of the Buyer Work.
Pre-Existing Works. If in the course of performing the Services, Company incorporates into any deliverable or Invention any other work of authorship, invention, discovery, improvement or information existing before the Effective Date that is owned or controlled by Company (a “Pre- Existing Work”) or Company Work Product (as defined in Section 8.3), Company will grant to Client a nonexclusive, royalty free, perpetual, irrevocable, worldwide license to reproduce, manufacture, modify, distribute, use, import, and otherwise exploit the Pre-Existing Work or Company Work Product, as applicable, as part of or in connection with the deliverable or Invention.
Pre-Existing Works. Company understands and agrees that Consultant utilizes certain pre-existing source and object codes, flow charts, algorithms, compilers, assemblers, coding sheets, design concepts, routines and sub-routines, as well as service utilities which are basic building blocks of Consultant's products. Company further understands and agrees that these materials and information, as well as derivative works which contain such materials and information, while used to develop the software described in the SOW, shall not be considered “works made for hire” as such term is defined in 17 U.S.C. §101, are excluded from the work defined in this agreement, and shall remain the property of Consultant. Consultant agrees to make the Company aware of such pre-existing works by providing written documentation to support ownership.
Pre-Existing Works. The copyright and other intellectual property rights in any materials or software (whether written or machine-readable) created by or licensed to IBM or one of its Affiliates prior to this Agreement or outside this engagement and any subsequent modifications to same (“Pre-Existing Works”) will remain vested in IBM or one of its Affiliates or a third party. To the extent that Pre-Existing Works are imbedded in any Deliverable Materials, the Client will have a license to use them in accordance with Clause 2.2.3 below.
Pre-Existing Works. To the extent that any preexisting rights are embodied or reflected in the Services, deliverables, inventions or works related to the Services, Provider hereby grants to FIS an irrevocable, perpetual, non-exclusive, world- wide, royalty-free right and license to: (i) use, execute, reproduce, display, perform, distribute copies of and prepare derivative works based upon such preexisting rights; and (ii) authorize others on FIS’ behalf to do any or all of the foregoing.
Pre-Existing Works. Contractor shall own all right title and interest, including all intellectual property rights, in and to its pre-existing works identified in Exhibit B (“Pre-existing Works”). Contractor hereby grants to Adaptec a worldwide, irrevocable, perpetual, fully-paid license, with rights to sublicense and to authorize the granting of further sublicenses, to make, have made, use, execute, reproduce, display, perform, sell and otherwise distribute all Pre-existing Works incorporated in the Deliverables, or the results of the Services and to create derivatives, upgrades and enhancements of the foregoing.
Pre-Existing Works. To the extent that any preexisting rights are embodied or reflected in the Services, deliverables, inventions or works related to the Services, Provider hereby grants to Worldpay an irrevocable, perpetual, non-exclusive, world-wide, royalty-free right and license to: (i) use, execute, reproduce, display, perform, distribute copies of and prepare derivative works based upon such preexisting rights; and (ii) authorize others on Worldpay’ behalf to do any or all of the foregoing.
Pre-Existing Works. If the Researcher include in the Deliverables any pre-existing works owned or licensed by the Researcher, the Researcher shall identify such works prior to completion of the Deliverables, and MMU shall procure the Researcher (and to procure the relevant licensor) to grant the 123RF with a non-exclusive, royalty-free, perpetual, transferable, world wide right and license to use, execute, sublicense, reproduce, assign and prepare derivative works based upon such Deliverable (which have incorporated the pre-existing works).
Pre-Existing Works. In the event that any Deliverable or portion of any Deliverable constitutes a derivative Work of any preexisting work, each Party shall use best commercial efforts to ensure that the Work Statement pertaining to such deliverable so indicates by references to (1) the nature of such preexisting work; (2) its owner; (3) any restrictions or royalty terms applicable to each Party's use of such preexisting work or each Party's exploitation of the Deliverable as a Derivative Work thereof; and (4) the source of each Party's authority to employ the preexisting work in the preparation of the deliverable. Unless otherwise specifically agreed in the Work Statement pertaining to such deliverable, before initiating the preparation of any deliverable that is a Derivative Work of a preexisting work each Party shall cause the other Party, its successor, and assigns, to have and obtain the irrevocable, nonexclusive, worldwide, royalty-free right and license to (a) use, execute, reproduce, display, perform, distribute internally or externally, sell copies of, and prepare Derivative Works based upon all preexisting works and Derivative Works thereof and (b) authorize or sublicense others from time to time to authorize or sublicense others from time to time to do any or all of the foregoing.
