Preexisting Materials. Supplier will not include any Preexisting Materials in any Deliverable, unless they are listed in the relevant SOW. If Supplier includes any Preexisting Materials in a Deliverable and does not list them in the relevant SOW, and Buyer is in compliance with this Agreement, then Supplier grants or will obtain for Buyer the following rights: a nonexclusive, worldwide, perpetual, irrevocable, paid-up, license to use, have used, execute, reproduce, transmit, display, perform, transfer, distribute, and sublicense such Preexisting Materials. Such license may be restricted in the relevant SOW and/or WA, which restriction shall supersede this Base Agreement and control in the event of any express or implied conflict between the Base Agreement and those restrictions.
Appears in 2 contracts
Sources: Base Agreement (First Virtual Communications Inc), Software and Services Engagement Agreement (First Virtual Communications Inc)