Common use of SOFTWARE AND FIRMWARE Clause in Contracts

SOFTWARE AND FIRMWARE. Notwithstanding any other provision herein to the contrary, Seller or applicable third party owner shall retain all rights of ownership and title in its respective firmware and software, including all copyrights relating to such firmware and software and all copies of such firmware and software. Except as otherwise provided herein, Buyer is hereby granted a nonexclusive, royalty free license to use firmware and software, and copies of firmware and software, incorporated into the Goods only in conjunction with such Goods and only at the Buyer’s plant site where the Goods are first used. Buyer’s use of certain firmware (as specified by Seller) and all other software shall be governed exclusively by Seller’s and/or third party owner’s applicable license terms.

SOFTWARE AND FIRMWARE. Notwithstanding any other provision herein to the contrarycontrary set out herein, the Seller or applicable third third-party owner shall retain all keep any property rights of ownership and title in its respective relating to firmware and software, including all copyrights relating copyright attached to such that firmware and software and all copies of such firmware and softwareas well as their copies. Except as otherwise provided hereinLikewise, Buyer it is hereby granted to Buyer a nonexclusivenon-exclusive, royalty royalty-free license to use the firmware and software, and copies that shall be added to the products only at Buyer’s facilities where these products are used for the first time. Buyer may negotiate with Seller separate licenses to use such copies of firmware and software, incorporated into software in other sites within the Goods only in conjunction with such Goods and only at the Buyer’s plant site where the Goods are first usedPlant and/or facilities. Buyer’s The use of certain the firmware (as specified by Seller) and all any other software shall be exclusively governed exclusively by Seller’s the applicable terms and conditions of license, provided by Seller and/or third party owner’s applicable license termsparty.

SOFTWARE AND FIRMWARE. Notwithstanding any other provision herein to the contrary, Seller or applicable third party owner shall retain all rights of ownership and title in its respective firmware and software, including all copyrights relating to such firmware and software and all copies of such firmware and software. Except as otherwise provided herein, Buyer is hereby granted a nonexclusive, royalty free license to use firmware and software, and copies of firmware and software, incorporated into the Goods only in conjunction with such Goods and only at the Buyer’s plant site where the Goods are first used. Buyer’s use of certain firmware (as specified by Seller) and all other software shall be governed exclusively by Seller’s and/or third party owner’s applicable license terms.