Common use of Intellectual Property Rights and Ownership Clause in Contracts

Intellectual Property Rights and Ownership. A. Licensee acknowledges that the Software Product is provided under license, and not sold or given, to Licensee. Licensee does not acquire any ownership interest in the Software Product or Documentation provided under this Agreement, or any other rights to the Software Product or Documentation other than to use and access the Software Product in accordance with the license granted under this Agreement, subject to all terms, conditions, restrictions and Authorized Use. Arcserve and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Documentation, the Software Product, including without limitation all copies, updates, upgrades, releases, revisions, enhancements, modifications, translations, localizations, components, and features and all Intellectual Property Rights arising out of or relating to the Documentation or the Software Product, subject to the license expressly granted to the Licensee in this Agreement. Licensee shall use commercially reasonable efforts to safeguard the Software Product (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. Licensee’s right to use and access the Software Product and Documentation are limited to those rights expressly identified in this Agreement. B. The Software Product, including any source or object code that may be provided to Licensee hereunder, as well as Documentation, appearance, structure and organization, is the proprietary property of Arcserve and/or its licensors, if any, and may be protected by copyright, patent, trademark, trade secret and/or other laws. Title to the Software Product, or any copy, modification, translation, partial copy, compilation, derivative work or merged portion of any applicable SDK (as defined below), shall at all times remain with Arcserve and/or its licensors. C. This Agreement, including this Section 5 applies to and governs any update, upgrade, fix, revision or enhancement to the Software Product. D. Licensee acknowledges that certain Software Products include features and functionality that back up, replicate, and/or transfer electronic data and that these processes require the copying of such data, which may include digital files, software programs, and other data that may be protected by third-party intellectual property rights, such as copyrights. Licensee understands and agrees that ▇▇▇▇▇▇▇▇ has no knowledge concerning the data contained in the backup images Licensee creates, replicates, or transfers through use of Software Products, including no knowledge of the third-party intellectual property rights applicable to that data. Licensee acknowledges and agrees that it is solely its obligation to understand and comply with laws associated with the contents of these backup images. Licensee represents and warrants that its use of Software Products does not violate applicable international, national, state, regional or local laws or regulations governing the backup, copying, or transfer of the data contained in the backup images.

Intellectual Property Rights and Ownership. A. Licensee acknowledges that the Software Product is provided under license, and not sold or given, to Licensee. Licensee does not acquire any ownership interest in the Software Product or Documentation provided under this Agreement, or any other rights to the Software Product or Documentation other than to use and access the Software Product in accordance with the license granted under this Agreement, subject to all terms, conditions, restrictions and Authorized Use. Arcserve and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Documentation, the Software Product, including without limitation all copies, updates, upgrades, releases, revisions, enhancements, modifications, translations, localizations, components, and features and all Intellectual Property Rights arising out of or relating to the Documentation or the Software Product, subject to the license expressly granted to the Licensee in this Agreement. Licensee shall use commercially reasonable efforts to safeguard the Software Product (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access. Licensee’s right to use and access the Software Product and Documentation are limited to those rights expressly identified in this Agreement. B. The Software Product, including any source or object code that may be provided to Licensee hereunder, as well as Documentation, appearance, structure and organization, is the proprietary property of Arcserve and/or its licensors, if any, and may be protected by copyright, patent, trademark, trade secret and/or other laws. Title to the Software Product, or any copy, modification, translation, partial copy, compilation, derivative work or merged portion of any applicable SDK (as defined below), shall at all times remain with Arcserve and/or its licensors. C. This Agreement, including this Section 5 applies to and governs any update, upgrade, fix, revision or enhancement to the Software Product. D. Licensee acknowledges that certain Software Products include features and functionality that back up, replicate, and/or transfer electronic data and that these processes require the copying of such data, which may include digital files, software programs, and other data that may be protected by third-party intellectual property rights, such as copyrights. Licensee understands and agrees that ▇▇▇▇▇▇▇▇ Arcserve has no knowledge concerning the data contained in the backup images Licensee creates, replicates, or transfers through use of Software Products, including no knowledge of the third-party intellectual property rights applicable to that data. Licensee acknowledges and agrees that it is solely its obligation to understand and comply with laws associated with the contents of these backup images. Licensee represents and warrants that its use of Software Products does not violate applicable international, national, state, regional or local laws or regulations governing the backup, copying, or transfer of the data contained in the backup images.