Common use of The Developer Clause in Contracts

The Developer. (a) warrants (to the best of its knowledge having made proper inquiry) that the New Material it creates, and the Developer’s Existing Material which has been incorporated into that New Material: (i) does not infringe the Intellectual Property Rights or Moral Rights of any other person; and (ii) the granting of rights to the Department and the Challenge Owner under this agreement, and the exercise of those rights in accordance with this agreement, will not infringe the Intellectual Property Rights or Moral Rights of any person. (b) grants the Department and the Challenge Owner an irrevocable, perpetual, non- exclusive, royalty free, worldwide, transferable licence (including right of sublicense) to use, adapt, modify and reproduce the Developer’s New Material, including any of the Developer’s Existing Material which has been incorporated into the New Material, and the Developer’s information submitted under the PSP Program, for the purpose of: (i) evaluating Proposals; and (ii) administering the PSP Program. (c) warrants that it is authorised to grant the rights in clause 7.4(b).