Common use of Preexisting works Clause in Contracts

Preexisting works. In the event that any Deliverable constitutes a Derivative Work of any preexisting work, BestIT shall ensure that the Work Statement pertaining to such Deliverable so indicates by reference to (i) the nature of such preexisting work, (ii) its owner, (iii) any restrictions or royalty terms applicable to BestIT’s use of such preexisting work or Customer’s exploitation of the Deliverable as a Derivative Work thereof, and (iv) the source of BestIT’s authority to employ the preexisting work in the preparation of the Deliverable. Unless otherwise specifically agreed in the Work Statement pertaining to such Deliverable, before initiation of the preparation of any such Deliverable that is a Derivative of a preexisting work, BestIT shall cause Customer, its successor and assigns, to have and obtain the irrevocable, nonexclusive, worldwide, royalty-free right and license to (i) use, execute, reproduce, display, perform, distribute internally or externally, sell copies of, prepare Derivative Works based upon all preexisting works and Derivative Works thereof, and (ii) authorize or sublicense others from time to time to do any or all of the foregoing.

Preexisting works. In the event that any Deliverable constitutes a Derivative Work of any preexisting work, BestIT shall ensure that the Work Statement pertaining to such Deliverable so indicates by reference to (i) the nature of such preexisting work, (ii) its owner, (iii) any restrictions or royalty terms applicable to BestIT’s use of such preexisting work or Customer’s exploitation of the Deliverable as a Derivative Work thereof, and (iv) the source of BestIT’s authority to employ the preexisting work in the preparation of the Deliverable. Unless otherwise specifically agreed in the Work Statement pertaining to such Deliverable, before initiation of the preparation of any such Deliverable that is a Derivative of a preexisting work, BestIT shall cause Customer, its successor and assigns, to have and obtain the irrevocable, nonexclusivenon-exclusive, worldwide, royalty-free right and license to to, and (iv) use, execute, reproduce, display, perform, distribute internally or externally, sell copies of, prepare Derivative Works based upon all preexisting works and Derivative Works thereof, and (ii) authorize or sublicense others from time to time to do any or all of the foregoing.