Background Material definition

Background Material means any pre-existing works in which the Intellectual Property Rights are owned by either Party, which have been prepared by that Party outside the scope of this Agreement or which were licensed from a third party by that Party.”

Background Material means any Material made available by the Funding Recipient in connection with the Project, including any copies or derivations of such Material, whether: (a) existing prior to the execution of this Deed; or (b) acquired or created after the execution of this Deed, other than as a result of the performance of this Deed. Commercialise includes: (a) to manufacture, sell, license, assign or hire for commercial benefit or otherwise exploit a product or process or other subject matter in which Intellectual Property rights subsist; (b) to provide a service for commercial benefit; (c) to license or authorise any person to do any of the above for commercial benefit, or (d) to do any acts that are related to the acts set out in paragraphs (a), (b) or (c) of this definition, but excludes the licensing by a Party of Intellectual Property to a person solely for the purpose of that person performing activities on behalf of that Party and also excludes any licensing of Intellectual Property by a Party solely for that Party's own non-commercial purposes. Commercialisation is similarly defined.

Background Material means any physical, electronic, mechanical, biological or chemical materials (including any tissue, blood or other biospecimen, or any software) belonging to or under the control of a Party as at the Commencement Date of the Project or developed or created by a Party after that Commencement Date but independently to and separately from this Agreement, which are made available for, or agreed to be provided under or in relation to, the Project, including as set out in Item 6 of the Schedule; Business Day means in relation to anything that needs to be done or received, a day not being a Saturday, Sunday or declared public holiday in Melbourne[ or a holiday of any party being a University and as published in that University’s academic calendar from time to time];

Examples of Background Material in a sentence

• Each Party grants to each other Party a non-exclusive, irrevocable, world-wide, non-transferable, royalty free licence to use its Background Material solely for the purposes of fulfilling their obligations under this Agreement, including for the avoidance of doubt in the case of the Candidate, the purpose of completing their Studies, Research Project and Thesis.

• Each Party acknowledges and agrees that nothing in this Agreement assigns ownership of any Intellectual Property Rights in a Party’s Background Material to any other Party.

• Each Party warrants to each other Party that its Background Material and any data or Intellectual Property Rights owned by a third party that is provided to each other Party: is appropriately licensed to the Party by the relevant third party; when used by another Party, will not infringe the Intellectual Property Rights of any third party; and is not supplied to either of the other Parties in breach of any confidentiality obligations owed by the Party to any third party or in breach of the Privacy Laws.

• See House Committee on Ways and Means, Green Book: Background Material and Data on Programs within the Jurisdiction of the Committee on Ways and Means, 104–14 § 8 at 434 (1996).

• Ribbed shirt collar, cuff and side inseams to minimize twisting Background Material Specifications1.

More Definitions of Background Material

Background Material means material which existed prior to the Commencement Date or any material which is, or has been, created independently of the Innovation Connections Project [and includes any modification, enhancement or improvement made to that material as a result of the Innovation Connections Project].

Background Material means any Material owned by or licensed to a Party which is in existence prior to the Commencement Date or which is developed independently of this Agreement and which a Party determines, in its discretion, to make available for the carrying out of the Project. This includes but is not limited to any Background Material outlined in Schedule C;

Background Material means any Intellectual Property Rights owned by a party before the Commencement Date or independently of this Agreement, and in the case of the Contractor, only includes Intellectual Property Rights expressly and correctly identified by the Contractor as its Background Material at the time that such material is provided or disclosed to LaunchVic; Best Industry Practice means exercising the degree of skill, care, diligence, efficiency, prudence and foresight which would be expected from a skilled and competent organisation experienced in managing projects commensurate to the type, size, value and complexity of the Project; Bullying or Harassment Complaint has the meaning of these terms set out in LaunchVic’s Harassment, Discrimination & Bullying Policy, as made available to the Contractor; Business Day means a day that is not a Saturday, Sunday or gazetted public holiday in the place to which the notice, consent or other communication is sent; Claim means any claim, action, demand, suit or proceeding of any nature howsoever arising and whether present or future, fixed or unascertained, actual or contingent whether at law or in connection with this Agreement;

Background Material means Material developed outside the scope of this Agreement or before the commencement of this Agreement which is made available by one of the Cooperating Organisations for use in a Cooperative Activity under this Agreement.

Background Material means the materials described in Item E of Schedule 1 plus any other materials a party makes available for the purposes of the Project, including any Intellectual Property associated with such materials;

Background Material means Material, other than Project Material, that is disclosed, provided or made available by or on behalf of a Party for the purpose of carrying out the Project, whether before or after the date of this Agreement.

Background Material means ay pre-existing or independently developed Materials owned or controlled by a Party which it determines, in its discretion, to make available for the carrying out of the Project;