Use of Instruments of Service Clause Samples
The "Use of Instruments of Service" clause defines how the drawings, designs, specifications, and other documents created by an architect or design professional may be used by the client or other parties. Typically, this clause clarifies that these materials are the intellectual property of the creator and may only be used for the specific project for which they were prepared, unless additional permissions are granted. For example, it may restrict the client from reusing the architect's plans on future projects without consent. The core function of this clause is to protect the intellectual property rights of the design professional and prevent unauthorized use or reproduction of their work.
POPULAR SAMPLE Copied 3 times
Use of Instruments of Service. Upon execution of this Agreement and so long as Client is not in default of its obligations to Stolfus, Stolfus grants Client a nonexclusive license to reproduce all finished Instruments of Service under a Task Order solely for use on the Project (the “License”), subject to the following: (a) if Client is in default of this Agreement, including instances where Stolfus terminates the Agreement or Task Order for nonpayment, the License is terminated without the necessity of further action on the part of the parties; (b) if Client terminates this Agreement or Task Order for Stolfus’ default (or for Client’s convenience and Client is not in default of its obligations to Stolfus), the License is terminated without the necessity of further action on the part of the parties and is replaced by a nonexclusive license permitting Client, subject to the other provisions of this Agreement, to authorize properly credentialed design professionals to reproduce and, where permitted by law, to make changes, corrections or additions to the Instruments of Service solely for purposes of completing, using and maintaining the Project. Stolfus shall be awarded damages for Client’s use of the Instruments of Service if it is later determined by an authority with competent jurisdiction that Stolfus was not in default. Stolfus retains the right to use, sell, and/or modify any databases developed and/or modified in performing its services.
Use of Instruments of Service. Except for the rights and licenses granted in this Article, no other license or right shall be deemed granted or implied under this Contract. The Owner permits and authorizes the Contractor, Subcontractors, sub-Subcontractors, and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work.
Use of Instruments of Service. 4.5.1. Documents (including Electronic Data) prepared by the Engineer for a Project, such as reports, drawings, specifications, record drawings, and other deliverables (“Documents”) are instruments of the Engineer's professional services, and not products. City shall have a non-exclusive, irrevocable license in the Documents for the City's informational purposes in its use and maintenance of the Project. The City acknowledges that such Documents are not intended or represented to be suitable for use or reuse by the City or others on extensions of the Project, on any other project, or for any other use or purpose, without written verification or adaptation and certification of the same by a licensed Design Professional.
4.5.2. In the event of any use or adaptation by the City after termination of a Project whereby the Documents are verified for reuse, revised, altered, or otherwise modified by anyone other than the Engineer, City agrees to defend and indemnify the Engineer from any claims, damages, costs or expenses (including reasonable attorney’s fees) arising out of any defect or deficiency in such reused or modified Documents, or in a Project constructed pursuant to them.
Use of Instruments of Service. Except for the licenses granted in this Article, no other license or right shall be deemed granted or implied under this Contract. GEFA permits and authorizes the Contractor, subcontractors, sub-subcontractors and material or equipment suppliers to reproduce applicable portions of the Instruments of Service appropriate to and for use in their execution of the Work.