New Original Works Clause Samples

New Original Works. Subscriber may process Data using the LiveVol Software or otherwise, with or without other input data, for the purpose of creating or calculating new original works, provided that: (1) any works so created that display, represent or recreate any Data, or from which Data can be readily recalculated, will constitute Data for purposes of this Agreement; (2) any works so created that do not display, represent or recreate any Data, and from which Data cannot be readily recalculated, will constitute “Derived Data” for purposes of this Agreement; and (3) notwithstanding the foregoing, Subscriber shall not use, or permit any third party to use, any Data (i) as input data in the creation or calculation of any index or similar work or (ii) to create any financial instrument or investment product that is based on, or seeks to match the performance of, values included in the Data, in each case, unless and until Subscriber has entered into a separate license agreement with LiveVol or the applicable Data Supplier authorizing such use of the Data.
New Original Works. VENDOR may, only with Our prior written consent (which may be withheld in Our absolute discretion) use the ASX Benchmark Data for the purpose of creating a New Original Work. We reserve all rights to determine, acting reasonably, whether or not any processed information constitutes a New Original Work. We may, in our absolute discretion, introduce licence fees for the right to use the ASX Benchmark Data to create New Original Works. If We determine that a work is a New Original Work, We acknowledge that VENDOR owns the Intellectual Property Rights in that New Original Work.
New Original Works. Subscriber may process Data, with or without other input data, for the purpose of creating or calculating new original works, provided that: (a) any works so created that display, represent or recreate any Data, or from which Data can be readily recalculated, will constitute Data for purposes of this Agreement; (b) Subscriber shall not use, or permit any third party to use, any Data (i) as input data in the creation or calculation of any index or similar work, or (ii) to create any financial instrument or investment product that is based on, or seeks to match the performance of, values included in the Data, in each case, unless and until Subscriber has entered into a separate license agreement authorizing such use of the Data with LiveVol, or with respect to Data owned by a third party, the applicable provider of such Data to LiveVol. The foregoing shall not be construed to prohibit use of Data for the calculation (for internal use) of values commonly referred to as “Greeks” (i.e., Delta, Gamma, Theta, ▇▇▇▇ and Rho), or theoretical values or implied volatility of an option series.
New Original Works. The City and Contractor intend that all property rights to new materials, text, logos, documents, booklets, manuals, references, guides, brochures, advertisements, music, sketches, plans, drawings, prints, photographs, specifications, software, data, products, ideas, inventions, and any other work or recorded information created, developed, or supplied by the Contractor in connection with the Services, any derivative works thereof, in preliminary or final form and on any media whatsoever (collectively, “New Original Works”), shall belong to the City free and clear from any and all claims of any nature relating to the Contractor’s contributions and other efforts. The Contractor shall disclose all such items to the City unless the Director directs otherwise in writing. Contractor assigns to the City and its successors and assigns, the entire right, title, and interest in and to all causes of action, either in law or in equity, for past, present, or future infringement of intellectual property rights related to the New Original Works and all works based on, derived from, or incorporating the New Original Works. Whether or not Contractor is under contract with the City at the time, Contractor shall execute applications, assignments, and other documents, and shall render all other reasonable assistance requested by the City, to enable the City to secure patents, copyrights, licenses and other intellectual property rights related to the New Original Works. (1) To the extent permitted by the U.S. Copyright Act, 17 USC § 101, et seq., the New Original Works are a “work made for hire” and all ownership of copyright in the New Original Works shall vest in the City at the time the New Original Works are created. To the extent that the New Original Works are not a “work made for hire,” the Contractor (by this Agreement) sells, assigns and transfers all right, title and interest in and to the New Original Works to the City, including the right to secure copyright, patent, trademark, and other intellectual property rights throughout the world and to have and to hold such rights in perpetuity. The Contractor will not copyright, trademark or patent any work, materials, devises, methods, processes, or products New Original Works developed by Contractor as a result of the Services provided under this Agreement without the prior written approval of the City and, if required, the federal government. To the extent that Contractor cannot make any of the assignments required by ...

Related to New Original Works

  • Information Systems Acquisition Development and Maintenance a. Client Data – Client Data will only be used by State Street for the purposes specified in this Agreement.

  • Procurement of Goods and Works Except as ADB may otherwise agree, Goods and Works shall only be procured on the basis of the methods of procurement set forth below:

  • Supplier Development lf the Buyer identifies problems in supplier performance based on supplier monitoring, he shall initiate improvement measures at the Supplier. The Buyer shall pursue the possibilities of continuous improvement of the Supplier. The supplier audit is a form of supplier development; the exchange of information and experience between the Buyer and the Supplier also serves this purpose.

  • Selection of Subcontractors, Procurement of Materials and Leasing of Equipment The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

  • Personnel Equipment and Material Engineer shall furnish and maintain, at its own expense, quarters for the performance of all Engineering Services, and adequate and sufficient personnel and equipment to perform the Engineering Services as required. All employees of Engineer shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of Engineer who, in the reasonable opinion of County, is incompetent or whose conduct becomes detrimental to the Engineering Services shall immediately be removed from association with the Project when so instructed by County. Engineer certifies that it presently has adequate qualified personnel in its employment for performance of the Engineering Services required under this Contract, or will obtain such personnel from sources other than County. Engineer may not change the Project Manager without prior written consent of County.