Common use of Ownership of Derivative Works Clause in Contracts

Ownership of Derivative Works. The Parties agree that all right, title and interest in and to all or part of the Derivative Works of the Server Software made by Dassault Systemes pursuant to Section 3.2.1(i) shall be owned exclusively by PlanetCAD. Dassault Systemes understands and agrees that such Derivative Works of the Server Software made by Dassault Systemes, as well as any portion thereof, shall be the sole property of PlanetCAD from date of creation and, to the extent permitted by law, shall be considered as works made for hire under the copyright laws of the United States of America. To the extent an assignment is necessary and that this assignment cannot be made at present, Dassault Systemes agrees to assign to PlanetCAD all of its right, title and interest in and to these Derivative Works, and any part thereof, and in and to all copyrights, patents and other proprietary rights Dassault Systemes may have in such Derivative Works. The Parties however agree that Dassault Systemes shall remain the owner of such Derivative Work should such Derivative Work be Software (i) developed by or for Dassault Systemes and using all or part of the Server Software as a component of an application or service (i.e. embedded or included in whole or in part in such other Software), and (ii) as long as such Software or service contains new functionality, significant value added, or creates a new function that is packaged as a standalone product and which user interface is different from the existing Server Software. The Parties also agree that application of an alternative interface technology if this interface is not combined with other significant application level functionalities shall not be considered as having significant added value.

Ownership of Derivative Works. The Parties agree that all right, title and interest in and to all or part of the Derivative Works of the Server Software made by Dassault Systemes pursuant to Section SECTION 3.2.1(i) shall be owned exclusively by PlanetCAD. Dassault Systemes understands and agrees that such Derivative Works of the Server Software made by Dassault Systemes, as well as any portion thereof, shall be the sole property of PlanetCAD from date of creation and, to the extent permitted by law, shall be considered as works made for hire under the copyright laws of the United States of America. To the extent an assignment is necessary and that this assignment cannot be made at present, Dassault Systemes agrees to assign to PlanetCAD all of its right, title and interest in and to these Derivative Works, and any part thereof, and in and to all copyrights, patents and other proprietary rights Dassault Systemes may have in such Derivative Works. The Parties however agree that Dassault Systemes shall remain the owner of such Derivative Work should such Derivative Work be Software (i) developed by or for Dassault Systemes and using all or part of the Server Software as a component of an application or service (i.e. embedded or included in whole or in part in such other Software), and (ii) as long as such Software or service contains new functionality, significant value added, or creates a new function that is packaged as a standalone product and which user interface is different from the existing Server Software. The Parties also agree that application of an alternative interface technology if this interface is not combined with other significant application level functionalities shall not be considered as having significant added value.