Common use of Intellectual Property and Copyrights Clause in Contracts

Intellectual Property and Copyrights. All right of intellectual and industrial ownership to the products, analyses, designs, documentation, reports, proposals, and preparatory materials for the same developed or made available by U-Cytech for the Buyer, remains exclusively with U-CyTech. The Buyer shall not be allowed to introduce changes to the products provided, unless the nature of the delivered products dictates otherwise or if agreed upon otherwise in writing. If, contrary to expectation, a product sold by U- CyTech to the Buyer infringes an industrial or intellectual ownership right of a third party and the Buyer is held liable, then the Buyer is obliged at once to inform U-Cytech in writing of the situation. In this case U-CyTech has at his discretion either to supply the right to use that product to the Buyer, or to modify the product in such a way that there is no further infringement, or to deliver a replacement product that does not infringe the right, or once he receives the product back to repay to the Buyer the purchase price. The Buyer shall safeguard U-CyTech against claims filed by third parties concerning intellectual property rights on material or data provided by the Buyer, which shall be used for and during the execution of the agreement.