Applications and Registrations. To the extent that an ------------------------------ application, registration, or other governmental procedure (collectively, a "Procedure") is required to obtain, perfect, or protect any Intellectual Property Right that the parties may jointly own pursuant to Section 6.4(a) (for example, registering a copyright on any software included in the Developed Software) and either party desires to pursue such Procedure, such party shall first consult with the other party. If the other party desires to participate in such Procedure, the parties shall then jointly and cooperatively pursue such Procedure, in which event they shall bear all costs equally and jointly own any rights thereby obtained. If a party declines to participate in such Procedure, the other party shall then have the right to pursue such Procedure alone, in which case such other party shall bear all costs of and, notwithstanding Section 6.4(a), exclusively own all rights resulting from, such Procedure. Notwithstanding the foregoing, each party will notify the other party before filing any patent application for any portion of the Developed Software, regardless of whether such portion of the Developed Software is jointly owned or is exclusively owned by one party pursuant to Section 6.4(a). Such notice will be subject to the confidentiality provisions in Section 12.
Appears in 2 contracts
Sources: Software Development and License Agreement (Numerical Technologies Inc), Software Development and License Agreement (Numerical Technologies Inc)