as part of BearingPoint’s provision of the, Services hereunder, BearingPoint may utilize proprietary works of authorship, pre-existing or otherwise, that have not been created specifically for Client, including without limitation software, methodologies, templates, flowcharts, architecture designs, tools, specifications, drawings, sketches, models, samples, records and documentation, as well as copyrights, trademarks, service marks, ideas, concepts, know-how, techniques, knowledge or data, and any derivatives thereof, which have been originated, developed or purchased by BearingPoint or its affiliates or by third parties under contract to BearingPoint or its affiliates (all of the foregoing, collectively, “BearingPoint’s Information”