Common use of Rights of Use and Intellectual Property Rights Clause in Contracts

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.

Appears in 1 contract

Sources: General Terms and Conditions of Purchase

Rights of Use and Intellectual Property Rights. Other Copyrights in the Performance of Services 11.1 MDA 1. ALLERGOPHARMA is entitled to the exclusive, indefinite, global, unlimited, irrevocable and trans- ferable transferable 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- inglyaccordingly. 11.2 2. The granting of the comprehensive right of use is fully settled by the remuneration paid under this Contractbased on the service contract. 11.3 MDA 3. ALLERGOPHARMA 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 ALLERGOPHARMA a right to use this Starting Material that is non-non- exclusive, but consistent in all other respects with the right to use the service outcomes (pursuant to Section 11.1Subsection 1). 11.4 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- Con-tractor shall indemnify MDA ALLERGOPHARMA 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 proprietary rights or obtain for MDA ALLERGOPHARMA the right to use the Deliverables without encumbrance. Further claims and rights are reserved for MDAALLERGOPHARMA.

Appears in 1 contract

Sources: General Terms and Conditions of Purchase