Common use of Software Deliverable Clause in Contracts

Software Deliverable. OpGen grants to HHT a limited, non-transferable, non-sublicenseable (except as set forth in Section 4.4(d)), and worldwide license, co-exclusive with OpGen, to use, practice, exploit, reproduce, distribute, perform, display, develop, make, have made, sell, offer for sale, and import the Software Deliverable in connection with Products in the Field. OpGen shall provide HHT with the object code and documentation of the Software Deliverable as may be amended from time to time, for use in the Product development and commercialization activities contemplated under this Agreement, and OpGen shall provide all assistance necessary to customize the Software Deliverable for use on the HHT cloud solution, including, if necessary, the source code required for such customization. OpGen shall not transfer or assign the copyright of the Software Deliverable and/or the copyright of a derivative work based on the Software Deliverable without HHT’s prior written consent, except as permitted in Section 10.7.