Common use of Preexisting works Clause in Contracts

Preexisting works. Client acknowledges that, with the exception of Original Materials, Nexgenix shall retain all right, title and proprietary interest in any and all work product not developed under this Agreement, and that Nexgenix may have developed, or may develop in the future, from time to time, independently of its activities under this Agreement, including certain work product with similar functionality as those developed hereby. Client agrees to and consents to such development by Nexgenix provided that (a) no source code used in the development of Client's work product shall have been used or copied in any manner which, if so adjudicated, would constitute a copyright violation of Client's existing copyrights, and (b) Client continues to own all right, title, copyright and other proprietary interest in any Original Materials or other Nexgenix-developed product developed directly for Client's benefit hereunder. In addition, Client acknowledges that Nexgenix claims and reserves all rights and benefits afforded under federal law in Nexgenix's existing programs as copyrighted works (e.