Rights of Use and Intellectual Property Rights Clause Samples

The 'Rights of Use and Intellectual Property Rights' clause defines how intellectual property, such as copyrights, trademarks, or patents, may be used by the parties involved in an agreement. It typically outlines who owns the intellectual property created or provided under the contract and specifies the scope of any licenses granted, such as whether use is exclusive, non-exclusive, limited in time, or restricted to certain purposes. This clause is essential for clarifying ownership and usage rights, thereby preventing disputes over intellectual property and ensuring both parties understand their rights and obligations regarding creative or proprietary materials.
Rights of Use and Intellectual Property Rights. 11.1 NETCARE shall procure, operate and maintain any software, licenses and rights needed by NETCARE for the provision of the Services. 11.2 As a matter of principle, NETCARE shall procure and acquire licenses and rights in connection with the Services in its own name and sublicense such licenses or grant to FME the rights of use for software or other deliverables to the extent required by FME in connection with, or as a result of, the relevant Service Agreement for the use of the Services under the Set of Contracts in accordance with the provisions defined in this Section 11, unless otherwise agreed in a Service Agreement. 11.3 Any rights granted by NETCARE to FME under this Agreement shall not entitle FME, without NETCARE’s prior consent, to modify, decompile, translate, decrypt, decompose, or copy the deliverable, unless otherwise expressly agreed herein or in a Service Agreement. 11.4 With respect to third party standard software or NETCARE’s own software, not specifically and exclusively developed for FME, which is used by NETCARE to provide the Services (“Standard Software”), NETCARE shall grant FME the non-exclusive, non-transferable right to use without limitation in time, scope or place subject to the terms of this General Agreement and the relevant Service Agreement, in particular limited to the purpose described in the relevant Service Agreement. The scope of the right of use of FME shall be in accordance with the license and right of use granted by the third party licensor to NETCARE. NETCARE shall ensure that it will obtain all required rights and licenses to sub-license or transfer the license to FME for the required purposes. 11.5 To the extent that any rights derive from software or other deliverables expressly developed for and on behalf of FME by NETCARE, including new developments of interfaces, platforms, changes, etc., provided that NETCARE has not used any proprietary software of NETCARE or any third party, any intellectual property rights shall vest in FME and FME shall be the owner of any intellectual property rights in connection with such deliverable. FME grants to NETCARE the non-exclusive, transferable right to use, to copy, to revise and to decompile the deliverables without limitation in time, scope or place subject to the terms of the Set of Contracts. The right to use is limited to the purposes described in the Service Agreement applicable to the relevant deliverable. The right to copy, revise and decompile the deliverable s...
View SourceView Similar (3)
Rights of Use and Intellectual Property Rights. Other Copyrights in the Performance of Services 11.1 MDA is entitled to the exclusive, indefinite, global, unlimited, irrevocable and trans- ferable right to use the service outcomes. The service outcomes include in particular all documents, presentations, reports, and logs that the Contractor produces in connection with the performance of the services. The right of use extends to all known types of use and, in addition to the right of use, also includes the right to edit and modify, including to use and reproduce, the relevant outcomes arising here as well as to process them accord- ingly. 11.2 The granting of the comprehensive right of use is fully settled by the remuneration paid under this Contract. 11.3 MDA acknowledges that the Contractor is entitled to the rights of ownership and disposal in all templates, methods, aids, and tools in which the Contractor already had rights of ownership and disposal before the project commenced (“Starting Material”). If the Starting Material has been incorporated in the service outcomes, the Contractor grants to MDA a right to use this Starting Material that is non-exclusive, but consistent in all other respects with the right to use the service outcomes (pursuant to Section 11.1). 11.4 The Contractor is required to perform its Deliverables free of any third-party rights (especially patents, licenses, or other intellectual property rights of third parties). The Con- tractor shall indemnify MDA upon first request against all related demands and claims. If third-party rights are nevertheless infringed by the Deliverables as such or by their use, the Contractor shall – if this is permitted by law – modify the Deliverables in question at its own expense without undue delay such that the Deliverables in question preclude pro- prietary rights or obtain for MDA the right to use the Deliverables without encumbrance. Further claims and rights are reserved for MDA.
View SourceView Similar (2)
Rights of Use and Intellectual Property Rights. 29.1 The Supplier will grant dormakaba a simple, unlimited, freely transferable, sublicensable and irrevocable right, unlimited in terms of subject matter, territory and time, to use the delivery item and/or service result contractually owned by the Supplier. The right of use will extend to all known and unknown types of use and include in particular the purpose of production (including integration into other products, quality assurance, data management etc.), use and marketing of other products (which may also include the delivery item or service result). If the delivery item or service result was developed on behalf of dormakaba, the Supplier will grant dormakaba the rights of use in an exclusive form, notwithstanding the provisions of the preceding sentence. 29.2 If the Goods and/or Service contains any open-source software (i.e., for example software underlying the BSD licence, the GNU General Public Licence or the GNU Lesser or Library Licence, or similar software) or shareware/freeware components (in the following "Open Source Software"), the Supplier must inform dormakaba of this in good time – as far as possible before, but at the latest upon conclusion of the contract – and of any resulting restrictions of the Goods and/or Service or of the intellectual property rights in emphasised form and make the following materials and information available: (a) Source code or Open-Source Software; insofar as the licence conditions of the originator of this software permit this; and (b) List of all Open-Source Software used with a reference to the respective applicable licence together with a copy of the text of the licence conditions (including all annexes) in English (text form is sufficient). 29.3 If the Supplier does not inform ▇▇▇▇▇▇▇▇▇ that the Goods and/or the Services contains Open-Source Software, or does so only after conclusion of the contract, dormakaba may withdraw from the contract within 14 calendar days after having gained knowledge of this without any claims of the Supplier against dormakaba arising from this (any remuneration already paid must be reimbursed to dormakaba). If the Supplier does not provide dormakaba with the materials and information stated in section 29.2 at the latest upon conclusion of the contract, dormakaba may withdraw if the Supplier does not provide the missing materials or information immediately after a separate corresponding request by ▇▇▇▇▇▇▇▇▇. The statutory provisions will apply in addition. 29.4 The Supplier gua...
View SourceView Similar (2)
Rights of Use and Intellectual Property Rights. Subject to these Terms of Use, you may use the Portal solely:
View Source
Rights of Use and Intellectual Property Rights. 5.1 Subject to the Customer’s compliance with all the terms of these terms and against due payment of the agreed Fees, Logmore grants to the Customer a non-exclusive, non-transferable, limited right to access and use the Service. 5.2 The Customer acknowledges and agrees that Logmore and/or its licensors own all intellectual property rights in the Service. Except as expressly stated herein, the Agreement does not grant the Customer any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of the Service. 5.3 All rights, title and interest, including all Intellectual Property Rights in and to the Customer Materials shall belong to the Customer or a third party. 5.4 The Customer shall ensure that the Customer Material does not infringe upon any third party rights or applicable laws. By submitting any data to Logmore or to the Service the Customer warrants that it has obtained all necessary rights, licenses and permissions under the applicable laws, decrees, regulations and agreements to submit the data to Logmore or to the Service and have Logmore process such data for the purposes of the Agreement. 5.5 If the Customer comments the Service or provides suggestions or ideas for improving the Service, notwithstanding anything stated to the contrary in these terms, the Customer agrees that all such comments, suggestions and ideas thereof will be fully assigned to Logmore and hence Logmore shall own all rights to use and incorporate them into its Service or elsewhere. 5.6 If the Customer has retained the Service from ▇▇▇▇▇▇▇▇ Worldwide Logistics SE & CO. KG or from its affiliate, the contract between that supplier and the Customer shall govern the use of Service (where appropriate).
View Source

Related to Rights of Use and Intellectual Property Rights

  • Patents and Intellectual Property Rights Recipients are subject to the ▇▇▇▇-▇▇▇▇ Act, 35 U.S.C. § 200 et seq, unless otherwise provided by law. Recipients are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents resulting from federal financial assistance awards located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14.

  • Ownership and Intellectual Property Rights 1. This Agreement gives you limited rights to use the Software. Syncro retains any and all rights, title and interest in and to the Software and all copies thereof, including copyrights, patents, trade secret rights, trademarks and other intellectual property rights. All rights not specifically granted in this Agreement, including International Copyrights, are reserved by Syncro. The structure, organization and code of the Software are valuable trade secrets and confidential information of Syncro.

  • INTELLECTUAL PROPERTY RIGHTS - DATA RIGHTS A. Data produced under this Annex which is subject to paragraph C. of the Intellectual Property Rights - Data Rights Article of the Umbrella Agreement will be protected for the period of one year. B. Under paragraph H. of the Intellectual Property Rights - Data Rights Article of the Umbrella Agreement, Disclosing Party provides the following Data to Receiving Party. The lists below may not be comprehensive, are subject to change, and do not supersede any restrictive notice on the Data provided.

  • INTELLECTUAL PROPERTY RIGHTS AND INDEMNITY 42.1 Save as granted under this Framework Agreement, neither the Authority nor the Supplier shall acquire any right, title or interest in the other's Pre-Existing Intellectual Property Rights. 42.2 The Supplier shall ensure and procure that the availability, provision and use of the Services and the performance of the Supplier's responsibilities and obligations hereunder shall not infringe any Intellectual Property Rights of any Third party. 42.3 With respect to the Supplier's obligations under this Framework Agreement, the Supplier warrants and represents that: 42.3.1 it owns, has obtained or shall obtain valid licences for all Intellectual Property Rights that are necessary to perform its obligations under this Framework Agreement and/or any Call-Off Contract which may be entered with the Authority or Other Contracting Bodies and shall maintain the same in full force and effect; 42.3.2 it has and shall continue to take all steps, in accordance with Good Industry Practice, to prevent the introduction, creation or propagation of any disruptive elements (including any virus, worms and/or Trojans, spyware or other malware) into systems, data, software or Authority Confidential Information (held in electronic form (owned by or under the control of, or used by the Authority and/or Other Contracting Bodies; 42.4 The Supplier shall during and after the Term of this Framework Agreement indemnify and keep indemnified the Authority on demand from and against all claims, proceedings, suits, demands, actions, costs, expenses (including legal costs and disbursements on a solicitor and client basis), losses and damages and any other liabilities whatsoever arising from, out of, in respect of or incurred by reason of any infringement or alleged infringement (including the defence of such alleged infringement) of any Intellectual Property Right by the: 42.4.1 availability, provision or use of the Services (or any parts thereof); and 42.4.2 performance of the Supplier's responsibilities and obligations hereunder. 42.5 The Supplier shall promptly notify the Authority if any claim or demand is made or action brought against the Supplier for infringement or alleged infringement of any Intellectual Property Right that may affect the availability, provision or use of the Services (or any deliverables or parts thereof) and/or the performance of the Supplier's responsibilities and obligations hereunder. 42.6 If a claim or demand is made or action brought to which Clauses 42.3 and/or 42.4 may apply, or in the reasonable opinion of the Supplier is likely to be made or brought, the Supplier may (subject to Approval) at its own expense and within a reasonable time either: 42.6.1 modify any or all of the affected Services without reducing the performance and functionality of the same, or substitute alternative services of equivalent performance and functionality for any or all of the affected Services, so as to avoid the infringement or the alleged infringement, provided that the terms herein shall apply mutatis mutandis to such modified or substituted services and such substitution shall not increase the burden on Contracting Bodies to a Call-Off Contract; or 42.6.2 procure a licence to use the Services on terms that are reasonably acceptable to the Authority and in relation to the performance of the Supplier’s responsibilities and obligations hereunder, promptly re-perform those responsibilities and obligations; and 42.7 Subject to full compliance with the Branding Guidance, the Supplier shall be entitled to use the Authority’s logo exclusively in connection with the provision of the Services during the Term and for no other purpose.

  • COPY RIGHT AND INTELLECTUAL PROPERTY 8.1. All information (inclusive of data, text, image) displayed in ▇▇▇▇.▇▇▇▇▇▇▇▇.▇▇▇.▇▇ shall not be used or published in other channels without the express written permission of PAH. PAH has the right to use any available legal remedies which may include the demand for factual or statutory damages, solicitor's fees and injunctive relief for any violation of PAH's intellectual property rights.