5. Proprietary Rights. AIT has and will retain sole and exclusive right, title and interest in and to all AIT Confidential Information. Except for any deliverables as set forth in a SOW, AIT does not convey or transfer nor does Client obtain any right or interest in any of the proprietary software, systems, data, methodology, techniques, software libraries, tools, algorithms, materials, products, ideas, skills, designs, processes, procedures, know-how or other intellectual property owned by AIT (or its licensors) utilized or provided by AIT in connection with the performance of the Services (“AIT Property”). AIT grants to Client a perpetual, royalty-free, worldwide right to use the AIT Property imbedded in the Services or deliverables. Client agrees that all proprietary rights to the AIT Property, including patent, copyright, trademark and trade secret rights, are AIT’s sole and exclusive property, free from any claim or retention of rights on Client’s part, and Client hereby assigns to AIT any rights Client may have in any of the foregoing.
Client has and will retain sole and exclusive right, title and interest in and to all Client Confidential Information and Client Assets, Client’s customer data, and Client’s customer account information, including any and all intellectual property rights therein. Unless expressly stated otherwise in a SOW, Client shall retain all right, title and interest in and to all deliverables, work product, designs, methodologies, processes, techniques, ideas, concepts, designs, tools, trade secrets and know-how, and any modifications, improvements or derivative works of the foregoing resulting from or used in providing the Services hereunder, excluding any and all AIT Property embedded or incorporated in the foregoing items.