Common use of Ownership of Data and Intellectual Property Clause in Contracts

Ownership of Data and Intellectual Property. (i) Except for the ownership of Work Product and license grants made pursuant to Section 5.2(a) and except as expressly provided otherwise in a Services Schedule, each Party and its Subsidiaries will retain all right, title and interest in and to its technology and other intellectual property used in connection with the Services, including ownership of any technology or other intellectual property created by such Party or its Subsidiaries as the Service Provider in providing the Services. Data generated or collected by Service Provider for the Service Recipient will be owned by the Service Recipient (other than Service Provider’s proprietary technical data used or generated in providing the Services that relate to the operation of the Service Provider’s infrastructure). Notwithstanding the foregoing, each Party and its Subsidiaries may independently create or acquire any intellectual property or data that is deemed by this Agreement to be owned by the other Party and its Subsidiaries hereunder; provided that such independent creation or acquisition does not reference or use the intellectual property or data of the other Party and its Subsidiaries, and such independent creation or acquisition does not breach any other obligations under this Agreement, including the obligations set forth in Section 5.1 regarding confidentiality. (ii) To the extent that any right, title or interest in or to any intellectual property or data vests in a Party or a Subsidiary thereof, by operation of law or otherwise, in a manner contrary to the agreed upon ownership as set forth in this Agreement, such Party shall or cause its Subsidiaries to, and hereby does, perpetually and irrevocably assign to the appropriate Party any and all such right, title and interest throughout the world in and to such intellectual property and data, free and clear of all liens and encumbrances.

Ownership of Data and Intellectual Property. (i) Except for the ownership of Work Product and license grants made pursuant to Section 5.2(a) and except as expressly provided otherwise in a Services Schedule, each Party and its Subsidiaries Affiliates will retain all right, title and interest in and to its technology and other intellectual property used in connection with the Services, including ownership of any technology or other intellectual property created by such Party or its Subsidiaries Affiliates as the a Service Provider in providing the Services. Data generated or collected by Service Provider for the a Service Recipient will be owned by the Service Recipient (other than Service Provider’s proprietary technical data used or generated in providing the Services that relate to the operation of the Service Provider’s infrastructure). Notwithstanding the foregoing, each Party and its Subsidiaries Affiliates may independently create or acquire any intellectual property or data that is deemed by this Agreement to be owned by the other Party and its Subsidiaries Affiliates hereunder; provided provided, that such independent creation or acquisition does not reference or use the intellectual property or data of the other Party and its SubsidiariesAffiliates, and such independent creation or acquisition does not breach any other obligations under this Agreement, including the obligations set forth in Section 5.1 regarding confidentiality. (ii) To the extent that any right, title or interest in or to any intellectual property or data vests in a Party or a Subsidiary an Affiliate thereof, by operation of law or otherwise, in a manner contrary to the agreed upon ownership as set forth in this Agreement, such Party shall or cause its Subsidiaries Affiliates to, and hereby does, perpetually and irrevocably assign to the appropriate Party any and all such right, title and interest throughout the world in and to such intellectual property and data, free and clear of all liens and encumbrances.