Common use of Pre-Existing Works Clause in Contracts

Pre-Existing Works. Company understands and agrees that Consultant utilizes certain pre-existing source and object codes, flow charts, algorithms, compilers, assemblers, coding sheets, design concepts, routines and sub-routines, as well as service utilities which are basic building blocks of Consultant's products. Company further understands and agrees that these materials and information, as well as derivative works which contain such materials and information, while used to develop the software described in the SOW, shall not be considered “works made for hire” as such term is defined in 17 U.S.C. §101, are excluded from the work defined in this agreement, and shall remain the property of Consultant. Consultant agrees to make the Company aware of such pre-existing works by providing written documentation to support ownership.