Access to the Services. Subject to the terms and conditions of this Agreement and Customer’s payment of all fees, OpenTech grants Customer a nontransferable and nonexclusive right to access and use OpenTech’s hosted services listed in this Agreement, including any embedded third party technology, updates, features and related materials made accessible to Customer by OpenTech (the “Service”) solely for Customer’s self-storage business in the territories set forth in this Agreement. All rights not expressly granted to Customer hereunder are expressly reserved by OpenTech. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights, and other intellectual property and proprietary rights in the Service and all improvements, enhancements, or modifications thereto shall remain the sole and exclusive property of OpenTech. Customer shall not (nor shall it permit any third party to): (i) copy or manufacture the Service or any portion thereof or otherwise use the Service to develop a competing product or service; (ii) translate, modify, adapt, enhance, extend, decompile, disassemble, reverse engineer, or otherwise attempt to derive the trade secrets embodied in the Service or any portion thereof or remove any proprietary, disclaimer, or warning notice thereon; or (iii) use or allow the transfer, transmission, export, or re-export of the Service or any portion thereof outside the territories set forth in this Agreement or otherwise in violation of applicable law. Customer may not assign, transfer, or delegate its rights or obligations hereunder without the prior written consent of OpenTech. All terms of this Agreement will be binding upon and inure to the benefit of the parties, their successors, assigns, and legal representatives.
Appears in 3 contracts
Samples: Software as a Service Agreement, Software as a Service Agreement, Software as a Service Agreement
Access to the Services. Subject to the terms and conditions of this Agreement and Customer’s payment of all fees, OpenTech grants Customer a nontransferable and nonexclusive right to access and use OpenTech’s hosted services listed in this AgreementAgreement or associated Order, including any embedded third party technology, updates, features and related materials made accessible to Customer by OpenTech (the “Service”) solely for Customer’s self-self- storage business in the territories set forth in this Agreement. All rights not expressly granted to Customer hereunder are expressly reserved by OpenTech. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights, and other intellectual property and proprietary rights in the Service and all improvements, enhancements, or modifications thereto shall remain the sole and exclusive property of OpenTech. Customer shall not (nor shall it permit any third party to): (i) copy or manufacture the Service or any portion thereof or otherwise use the Service to develop a competing product or service; (ii) translate, modify, adapt, enhance, extend, decompile, disassemble, reverse engineer, or otherwise attempt to derive the trade secrets embodied in the Service or any portion thereof or remove any proprietary, disclaimer, or warning notice thereon; or (iii) use or allow the transfer, transmission, export, or re-export of the Service or any portion thereof outside the territories set forth in this Agreement or otherwise in violation of applicable law. Customer may not assign, transfer, or delegate its rights or obligations hereunder without the prior written consent of OpenTech. All terms of this Agreement will be binding upon and inure to the benefit of the parties, their successors, assigns, and legal representatives.
Appears in 2 contracts
Samples: Software as a Service Agreement, Software as a Service Agreement