Common use of License of Pre-Existing Intellectual Property Clause in Contracts

License of Pre-Existing Intellectual Property. 11.3.1 To the extent a Product sold, leased, rented or licensed to a Purchasing Entity hereunder contains Intellectual Property not created under an Order that expressly requires Contractor to create such Intellectual Property (“Pre-existing Intellectual Property”) and such Product comes with end user license document(s), such Purchasing Entity’s right to use such Pre-existing Intellectual Property shall be exclusively stated in such end user license document(s) as, despite anything to the contrary, the Purchasing Entities and the software shall be subject to the license agreements distributed with such software, provided such terms do not contradict the language in the Master Agreement unless otherwise stated in a Participating Addendum or an Order. 11.3.2 To the extent a Product sold, leased, rented or licensed to a Purchasing Entity hereunder contains Pre-existing Intellectual Property and such Product does not come with end user license document(s), Contractor grants to the Purchasing Entity a non-exclusive, perpetual, irrevocable, unlimited license to use the Product in the manner and to the extent advertised by Contractor. The license shall be subject to any third-party rights in the Pre-existing Intellectual Property. Contractor shall obtain, at its own expense, on behalf of the Purchasing Entity, written consent of the owner for the licensed Pre-existing Intellectual Property.

Appears in 2 contracts

Sources: Master Agreement, Master Agreement