Common use of Third-Party Underlying and Derivative Works Clause in Contracts

Third-Party Underlying and Derivative Works. Contractor is not authorized to include any open source code in any Deliverables, unless Contractor first receives the written authorization from the TxDMV Contract Monitor to do so. This subsection only applies to intellectual property which is not developed under this Contract and to which TxDMV does not already have a right to use, execute, reproduce, display, perform, distribute copies of, and prepare derivative works based upon such intellectual property. Contractor is not authorized to include any third-party intellectual property in any Deliverables, unless Contractor first receives the written authorization from the TxDMV Contract Monitor to do so. Unless stated otherwise in this Contract, Contractor must pay all license fees and/or royalties and assume all costs incident to the use or possession in the performance of the Deliverables or the incorporation into the Deliverables of any third-party intellectual property.