The Customer hereby retains WHISHWORKS to perform Services in accordance with the specifications set forth in the Statement of Work (“SOW”). The services and functions described in the SOW are hereafter referred to as the “Services”.
Ownership of Work Product: Customer acknowledges that while performing any Services, WHISHWORKS may create software or other works of authorship (collectively "Work Product"), which will be fully owned by the Customer. If any Work Product is delivered to Customer pursuant to or in connection with the performance of Services (a "Deliverable"), WHISHWORKS hereby grants all ownership rights to Customer for the Deliverables.
Other Materials: Customer agrees and acknowledges that Customer is not obtaining any intellectual property right in or to any materials provided by WHISHWORKS to Customer in connection with the provision of Services to Customer ("third party products or pre-existing IP rights”), other than the rights specifically granted herein of this Agreement. The Customer will be entitled to keep and use all Materials provided by WHISHWORKS to Customer, but without any other license to exercise any of the intellectual property rights therein, all of which are hereby strictly reserved to WHISHWORKS. In particular and without limitation, Materials may not be copied electronically or otherwise whether or not for archival purposes, modified including translated, re-distributed, disclosed to third parties, lent, hired out, made available to the public, sold, offered for sale, shared, or transferred in any other way. All WHISHWORKS trademarks, trade names, logos and notices present on the Materials will be preserved and not deliberately defaced, modified or obliterated. The Customer shall not use any WHISHWORKS trademarks without WHISHWORKS express written authorisation.