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<br /> MYTH ICS-
<br /> mi-11) CSI
<br /> Unrivaled Oracle Expertise
<br /> of the Deliverable Items may not, by operation of law, be works made for hire, COMPANY
<br /> hereby assigns to the CLIENT the ownership of copyright or mask work in the Deliverable
<br /> Items,and the CLIENT shall have the right to obtain and hold in its own name any trademark,
<br /> copyright, or mask work registration, and any other registrations and similar protection
<br /> which may be available in the Deliverable Items. COMPANY agrees to give the CLIENT or
<br /> its designee(s)all assistance reasonably required to perfect such rights.
<br /> iii. Competitive Products; General Knowledge, Skills. Nothing in this Agreement shall
<br /> preclude COMPANY from developing for itself, or for others, materials which are
<br /> competitive with those produced as a result of the services provided hereunder,irrespective
<br /> of their similarity to materials which may be delivered to CLIENT pursuant to this
<br /> Agreement. In addition, nothing in this Agreement shall preclude COMPANY from using
<br /> any general consulting, data processing, software, principles, concepts, ideas, skills, tools,
<br /> methodologies or other knowledge that COMPANY may acquire during the course of
<br /> providing the services hereunder, provided that COMPANY shall not disclose any of
<br /> CLIENT's Confidential Information in accordance with the terms of Section V A.
<br /> (Confidentiality).
<br /> iv. Pre-existing Materials. The CLIENT acknowledges that, as part of performing the Services,
<br /> the COMPANY may utilize proprietary software,ideas,concepts,know-how,tools,models,
<br /> processes, methodologies and techniques that have been originated or developed by the
<br /> Consultant or that have been purchased by or licensed to the COMPANY (collectively, the
<br /> "COMPANY Proprietary Materials"), including enhancements, modifications or additions
<br /> that have been developed while the COMPANY has been performing the Services under this
<br /> Agreement. The COMPANY grants the CLIENT and/or its designee(s) a perpetual, non-
<br /> exclusive, worldwide,non-transferable license to use the COMPANY Proprietary Materials
<br /> in connection with the Deliverables or the Services. The CLIENT agrees that the COMPANY
<br /> shall retain sole and exclusive right, title and interest in and to the COMPANY Proprietary
<br /> Materials.
<br /> C. Personnel Agreement. CLIENT expressly consents to COMPANY's use of subcontractors in
<br /> connection with the performance of the services. The execution of these subcontract agreements by
<br /> the Personnel shall not limit COMPANY's liability for breach by COMPANY or the Personnel of any
<br /> of the provisions of this Article V,or any improper use or disclosure by COMPANY or the Personnel
<br /> of any Confidential Information or Invention.
<br /> D. Rights to Injunctive Relief. COMPANY acknowledges that the terms of Articles V and VI.D of
<br /> this Agreement are reasonably necessary to protect the legitimate interests of the CLIENT, are
<br /> reasonable in scope and duration,and are not unduly restrictive. COMPANY further acknowledges
<br /> that a breach of any of the terms of Articles 5,6,or 7 of this Agreement will render irreparable harm
<br /> to the CLIENT, and that a remedy at law for breach of the Agreement is inadequate, and that the
<br /> CLIENT shall therefore be entitled to seek any and all equitable relief,including,but not limited to,
<br /> injunctive relief, and to any other remedy that may be available under any applicable law or
<br /> agreement between the parties. COMPANY acknowledges that an award of damages to the CLIENT
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