11 – Intellectual property
11.1 Any intellectual property rights associated with or arising from the assignment given to 5 A.M. Studios and/or the Activities carried out by 5 A.M. Studios are at all times vested in 5 A.M. Studios.
11.2 The Client will acquire – but only after the Client has fulfilled all its payment obligations and exclusively in the case that the Agreement has not been terminated prematurely – a license to use anything that 5 A.M. Studios has created in the performance of the Activities for the Client, and as such has been chosen by the Client, for one (1) year in the Netherlands in the manner as determined in advance.
11.3 5 A.M. Studios and the Client can determine pursuant to the Agreement that the geographic area and period of time of the rights as meant in Clause 11.2 will be extended.
11.4 The Client and 5 A.M. Studios can determine for each assignment that the rights meant in Clause 11.1 will be transferred to the Client by means of a deed or that the right of use will be extended to other forms of operation.
11.5 If during the Agreement the Supplier, whether or not in cooperation with third parties, creates copyright protected works, the Supplier will guarantee towards 5 A.M. Studios that the Supplier will transfer to 5 A.M. Studios the full, global, unlimited and unencumbered copyright of these works, at any rate with regard to the contribution to it by the Supplier and the third parties engaged by the Supplier, including all powers and rights that are granted or will be granted to it by law, such as but not limited to any right to reproduce these works or have them reproduced and disclose them anywhere in the world and perpetually for any purpose, in any way and in any form whatsoever, which are already known now or will be known in future, for the duration of the copyright, which transfer has been accepted by 5 A.M. Studios.
11.6 The Supplier indemnifies 5 A.M. Studios against any and all claims by third parties in connection with the provisions set out in Clause 11.7.
11.7 The Supplier irrevocably waives any right to put up a defense against the disclosure of the works as meant in Clause 11.7 without stating its name, the disclosure of these works under any other name than its/his own and against any other change in the respective works (the so-called rights to personal recognition).
11.9 5am Studios is entitled to sign and/or use anything that has been created by 5am Studio for the promotion of its own organisation and service provision.
11.10 If the Activities consist (for instance) of organizing an event, 5 A.M. Studios will exclusively be entitled to register the name of the event as a trademark. If such a trademark has been registered in the name of the Client, the Client shall at the first request transfer this trademark to 5 A.M. Studios free of charge.