Common use of Customer’s Intellectual Property Clause in Contracts

Customer’s Intellectual Property. As between 1Point and Customer, Customer exclusively owns all rights, title, and interest in all Customer Data. In exchange for a reduced cost(s) or free offering to use products, Customer will allow 1Point the right to utilize all data. In addition, all content created by, or by 1Point for, Customer during performance of the Services, including without limitation email templates, newsletters, distribution lists, links, images (excluding stock images), graphs and photos (the “Work Product”), shall be the sole and exclusive property of Customer. 1Point agrees that it will not use the same Work Product created for Customer under this Agreement for another 1Point customer; provided, however, that nothing in the preceding sentence shall be interpreted to preclude 1Point from using the same functionality, format, code, design, concepts, workflows, integrations or other ideas represented in the Work Product. Further, 1Point shall be allowed to utilize “meta-data” resulting from customer sends (specifically including “hard” and “soft” bounce data), feedback loops and reporting metrics, to optimize deliverability for Customer and for other 1Point Customers. For all other deliverables described in a Statement of Work which are not deemed Work Product, 1Point hereby grants Customer a limited, nonexclusive, nontransferable, revocable license to use such other deliverables during an applicable Subscription Term.

Customer’s Intellectual Property. As between 1Point Digital 55 and Customer, Customer exclusively owns all rights, title, and interest in all Customer Data. In exchange for a reduced cost(s) or free offering to use products, Customer will allow 1Point Digital 55 the right to utilize all data. In addition, all content created by, or by 1Point Digital 55 for, Customer during performance of the Services, including without limitation email templates, newsletters, distribution lists, links, images (excluding stock images), graphs and photos (the “Work Product”), shall be the sole and exclusive property of Customer. 1Point Digital 55 agrees that it will not use the same Work Product created for Customer under this Agreement for another 1Point Digital 55 customer; provided, however, that nothing in the preceding sentence shall be interpreted to preclude 1Point Digital 55 from using the same functionality, format, code, design, concepts, workflows, integrations or other ideas represented in the Work Product. Further, 1Point Digital 55 shall be allowed to utilize “meta-data” resulting from customer sends (specifically including “hard” and “soft” bounce data), feedback loops and reporting metrics, to optimize deliverability for Customer and for other 1Point Digital 55 Customers. For all other deliverables described in a Statement of Work which are not deemed Work Product, 1Point Digital 55 hereby grants Customer a limited, nonexclusive, nontransferable, revocable license to use such other deliverables during an applicable Subscription Term.

Customer’s Intellectual Property. As between 1Point Digital 55 and Customer, Customer exclusively owns all rights, title, and interest in and to all Customer Data. In exchange for Unless Customer agrees to a reduced cost(s) costs or free offering to use products, Customer products will allow 1Point the Digital 55 right to utilize all data. In addition, all content created by, or by 1Point Digital 55 for, Customer during performance of the Services, including without limitation email templates, newsletters, distribution lists, links, images (excluding stock images), graphs and photos (the “Work Product”), shall be the sole and exclusive property of Customer. 1Point Digital 55 agrees that it will not use the same Work Product created for Customer under this Agreement for another 1Point Digital 55 customer; provided, however, that nothing in the preceding sentence shall be interpreted to preclude 1Point Digital 55 from using the same functionality, format, code, design, concepts, workflows, integrations or other ideas represented in the Work Product. Further, 1Point Digital 55 shall be allowed to utilize “meta-data” resulting from customer sends (specifically including “hard” and “soft” bounce data), feedback loops and reporting metrics, to optimize deliverability for Customer and for other 1Point Digital 55 Customers. For all other deliverables described in a Statement of Work which are not deemed Work Product, 1Point Digital 55 hereby grants Customer a limited, nonexclusive, nontransferable, revocable license to use such other deliverables during an applicable Subscription Term.