Common use of Pre-Existing Works Clause in Contracts

Pre-Existing Works. The copyright and other intellectual property rights in any materials or software (whether written or machine-readable) created by or licensed to IBM or one of its Affiliates prior to this Agreement or outside this engagement and any subsequent modifications to same (“Pre-Existing Works”) will remain vested in IBM or one of its Affiliates or a third party. To the extent that Pre-Existing Works are embedded in any Deliverable Materials, you will have a license to use them in accordance with Clause 2.2.3 below.

Pre-Existing Works. The copyright and other intellectual property rights in any materials or software (whether written or machine-readable) created by or licensed to IBM or one of its Affiliates prior to this Agreement or outside this engagement and any subsequent modifications to same (“Pre-Existing Works”) will remain vested in IBM or one of its Affiliates or a third party. To the extent that Pre-Existing Works are embedded imbedded in any Deliverable Materials, you the Client will have a license to use them in accordance with Clause 2.2.3 below.