Common use of Generated Files Clause in Contracts

Generated Files. “Generated Files” are files storing information, instructions, or data that a Subscriber creates or modifies using the Contractor’s Services and in which the data or other information was provided or created by a Subscriber. Such Generated Files are also included in the definition of “Subscriber’s Data” in a later section of this Agreement. Examples of such files could include, among others, text files generated with a word processor, data tables created with a database engine, and image files created with a graphics application. Applications consisting of instruction sets created with a programming language that the Contractor provided to a Subscriber also would be considered Generated Files. As between the Subscriber and the Contractor, the Subscriber will own all Generated Files that the Subscriber prepares by using the Services, excluding such portions of the Generated Files that consist of embedded portions of the Software. The Contractor or its licensors will retain ownership of any portions of the Software embedded into Generated Files. But the Contractor grants to the Subscriber a nonexclusive, royalty-free right to reproduce and distribute to third parties any portions of the intellectual property embedded in any Generated Files that the Subscriber creates while using the Services in the way the Services are designed to be used. In the Subscriber’s distribution of the Generated Files, the Subscriber may not use the Contractor’s name, logo, or trademarks, except to the extent that such are incorporated in such Generated Files by the design of a Service when used as intended.

Generated Files. “Generated Files” are files storing information, instructions, or data that a Subscriber Subscribing Entity creates or modifies using the ContractorService Provider’s Services and in which the data or other information was provided or created by a SubscriberSubscribing Entity. Such Generated Files are also included in the definition of “SubscriberSubscribing Entity’s Data” in a later section of this Agreement. Examples of such files could include, among others, text files generated with a word processor, data tables created with a database engine, and image files created with a graphics application. Applications consisting of instruction sets created with a programming language that the Contractor Service Provider provided to a Subscriber Subscribing Entity also would be considered Generated Files. As between the Subscriber Subscribing Entity and the ContractorService Provider, the Subscriber Subscribing Entity will own all Generated Files that the Subscriber Subscribing Entity prepares by using the Services, excluding such portions of the Generated Files that consist of embedded portions of the Software. The Contractor Service Provider or its licensors will retain ownership of any portions of the Software embedded into Generated Files. But the Contractor Service Provider grants to the Subscriber Subscribing Entity a nonexclusive, royalty-free right to reproduce and distribute to third parties any portions of the intellectual property embedded in any Generated Files that the Subscriber Subscribing Entity creates while using the Services in the way manner in which the Services are designed to be used. In the SubscriberSubscribing Entity’s distribution of the Generated Files, the Subscriber Subscribing Entity may not use the ContractorService Provider’s name, logo, or trademarks, except to the extent that such are incorporated in such Generated Files by the design of a Service when used as intended.