Common use of Pre-Existing Work Clause in Contracts

Pre-Existing Work. Without limiting the provisions of 10.2.1 above or Section 12 ("Indemnification"), Dell acknowledges that Work Product does not (i) incorporate Pre-existing Works owned by Company, (ii) incorporate works licensed by Company from third parties, (iii) include third-party materials needed to generate or use the Work Product, or (iv) include Work Product created concurrently but independent of providing the Services under this Agreement. All of (i), (ii), (iii) and (iv) in this Section will be collectively referred to as "Licensed Materials." Dell acknowledges that Company owns all right and title to the Licensed Materials. To the extent that any Licensed Materials are incorporated into the Work Product or are included with Work Product and needed to generate or use the Work Product, Company will grant to Dell or procure for Dell, a non-exclusive, worldwide, royalty-free License for the term of the Agreement solely to: (1) use, execute, produce, display, perform, copy, and distribute (internally or externally) copies of, and prepare derivative works based upon the Licensed Materials and their derivative works to produce and maintain the Deliverables and the Services, and (2) authorize others to do any, some, or all of the foregoing.