4.9 MERCHANT POINT-OF-SALE SYSTEM. Title and ownership of the in store point-of-sale systems provided by Merchant, any communications specifications supplied by Merchant for use in connection with the Products and activation services hereunder, and any application program interface (“API”), delivered by Merchant to InComm or MOL or relevant service delivered to its customers, including any modifications or enhancements thereto or derivative works created therefrom (collectively, the “Merchant Technology”), shall remain vested solely in Merchant or its Affiliates. Neither InComm nor MOL shall have no ownership rights or other rights in the Merchant Technology. During the term of this Agreement and when InComm and/or MOL are providing the Products, InComm and/or MOL, as applicable, are a beneficiary of Merchant’s proprietary and intellectual property as such relates to the distribution and sale of the Products.