CENTURYLINK OSS INFORMATION. 8.1 Subject to the provisions of this Agreement and Applicable Law, QuantumShift shall have a limited, revocable, non-transferable, non-exclusive right to use CenturyLink OSS Information during the term of this Agreement, for QuantumShift’s internal use for the provision of Telecommunications Services to QuantumShift End User Customers in the State. 8.2 All CenturyLink OSS Information shall at all times remain the property of CenturyLink. Except as expressly stated in this Article, QuantumShift shall acquire no rights in or to any CenturyLink OSS Information. CenturyLink reserves all rights not expressly granted herein. 8.2.1 QuantumShift shall treat CenturyLink OSS Information as Confidential Information of CenturyLink pursuant to Section 14.0, Article III of the Agreement. 8.2.2 QuantumShift shall not have any right or license to grant sublicenses to other persons, or grant permission to other persons (except QuantumShift’s employees, agents or contractors, in accordance with Section 8.2.3 below), to access, use or disclose CenturyLink OSS Information, except as provided in Section 8.2.3 below. 8.2.3 QuantumShift’s employees, agents and contractors may access, use and disclose CenturyLink OSS Information only to the extent necessary for QuantumShift’s access to, and use and disclosure of, CenturyLink OSS Information permitted by this Article. Any access to, or use or disclosure of, CenturyLink OSS Information by QuantumShift’s employees, agents or contractors, shall be subject to the provisions of this Agreement, including, but not limited to, Section 14.0, Article III of the Agreement and Sections 8.2.1 and 8.2.2 above. QuantumShift shall ensure that its employees, agents, and contractors comply with all provisions herein relating to access to and use of CenturyLink OSS Information. 8.2.4 QuantumShift’s right to use CenturyLink OSS Information shall expire upon the earliest of: (a) termination of such right in accordance with this Article; or (b) expiration or termination of the Agreement. 8.2.5 All CenturyLink OSS Information received by QuantumShift shall be destroyed or returned by QuantumShift to CenturyLink, upon expiration, suspension or termination of the right to use such CenturyLink OSS Information. 8.3 Unless sooner terminated or suspended in accordance with the Agreement or this Article (including, but not limited to, Article III, Sections 2.0 and 9.0 of the Agreement and Section 11.1 below), QuantumShift’s access to CenturyLink OSS Information through CenturyLink OSS Services shall terminate upon the expiration or termination of the Agreement. 8.3.1 CenturyLink shall have the right (but not the obligation) to audit QuantumShift to ascertain whether QuantumShift is complying with the requirements of Applicable Law and this Agreement with regard to QuantumShift’s access to, and use and disclosure of, CenturyLink OSS Information. 8.3.2 Without in any way limiting any other rights CenturyLink may have under the Agreement or Applicable Law, CenturyLink shall have the right (but not the obligation) to monitor QuantumShift’s access to and use of CenturyLink OSS Information which is made available by CenturyLink to QuantumShift pursuant to this Agreement, to ascertain whether QuantumShift is complying with the requirements of Applicable Law and this Agreement, with regard to QuantumShift’s access to, and use and disclosure of, such CenturyLink OSS Information. The foregoing right shall include, but not be limited to, the right (but not the obligation) to electronically monitor QuantumShift’s access to and use of CenturyLink OSS Information which is made available by CenturyLink to QuantumShift through CenturyLink OSS Facilities.
Appears in 4 contracts
Samples: Resale Agreement, Resale Agreement, Resale Agreement
CENTURYLINK OSS INFORMATION. 8.1 Subject to the provisions of this Agreement and Applicable Law, QuantumShift MetTel shall have a limited, revocable, non-transferable, non-exclusive right to use CenturyLink OSS Information during the term of this Agreement, for QuantumShiftMetTel’s internal use for the provision of Telecommunications Services to QuantumShift MetTel End User Customers in the State.
8.2 All CenturyLink OSS Information shall at all times remain the property of CenturyLink. Except as expressly stated in this Article, QuantumShift MetTel shall acquire no rights in or to any CenturyLink OSS Information. CenturyLink reserves all rights not expressly granted herein.
8.2.1 QuantumShift MetTel shall treat CenturyLink OSS Information as Confidential Information of CenturyLink pursuant to Section 14.0, Article III of the Agreement.
8.2.2 QuantumShift MetTel shall not have any right or license to grant sublicenses to other persons, or grant permission to other persons (except QuantumShiftMetTel’s employees, agents or contractors, in accordance with Section 8.2.3 below), to access, use or disclose CenturyLink OSS Information, except as provided in Section 8.2.3 below.
8.2.3 QuantumShiftMetTel’s employees, agents and contractors may access, use and disclose CenturyLink OSS Information only to the extent necessary for QuantumShiftMetTel’s access to, and use and disclosure of, CenturyLink OSS Information permitted by this Article. Any access to, or use or disclosure of, CenturyLink OSS Information by QuantumShiftMetTel’s employees, agents or contractors, shall be subject to the provisions of this Agreement, including, but not limited to, Section 14.0, Article III of the Agreement and Sections 8.2.1 and 8.2.2 above. QuantumShift MetTel shall ensure that its employees, agents, and contractors comply with all provisions herein relating to access to and use of CenturyLink OSS Information.
8.2.4 QuantumShiftMetTel’s right to use CenturyLink OSS Information shall expire upon the earliest of: (a) termination of such right in accordance with this Article; or (b) expiration or termination of the Agreement.
8.2.5 All CenturyLink OSS Information received by QuantumShift shall be destroyed or returned by QuantumShift to CenturyLink, upon expiration, suspension or termination of the right to use such CenturyLink OSS Information.
8.3 Unless sooner terminated or suspended in accordance with the Agreement or this Article (including, but not limited to, Article III, Sections 2.0 and 9.0 of the Agreement and Section 11.1 below), QuantumShift’s access to CenturyLink OSS Information through CenturyLink OSS Services shall terminate upon the expiration or termination of the Agreement.
8.3.1 CenturyLink shall have the right (but not the obligation) to audit QuantumShift to ascertain whether QuantumShift is complying with the requirements of Applicable Law and this Agreement with regard to QuantumShift’s access to, and use and disclosure of, CenturyLink OSS Information.
8.3.2 Without in any way limiting any other rights CenturyLink may have under the Agreement or Applicable Law, CenturyLink shall have the right (but not the obligation) to monitor QuantumShift’s access to and use of CenturyLink OSS Information which is made available by CenturyLink to QuantumShift pursuant to this Agreement, to ascertain whether QuantumShift is complying with the requirements of Applicable Law and this Agreement, with regard to QuantumShift’s access to, and use and disclosure of, such CenturyLink OSS Information. The foregoing right shall include, but not be limited to, the right (but not the obligation) to electronically monitor QuantumShift’s access to and use of CenturyLink OSS Information which is made available by CenturyLink to QuantumShift through CenturyLink OSS Facilities.or
Appears in 2 contracts
Samples: Resale Agreement, Resale Agreement
CENTURYLINK OSS INFORMATION. 8.1 52.1 Subject to the provisions of this Agreement and Applicable Law, QuantumShift BullsEye shall have a limited, revocable, non-transferable, non-exclusive right to use CenturyLink OSS Information during the term of this Agreement, for QuantumShiftBullsEye’s internal use for the provision of Telecommunications Services to QuantumShift BullsEye End User Customers Users in the State.
8.2 52.2 All CenturyLink OSS Information shall at all times remain the property of CenturyLink. Except as expressly stated in this Article, QuantumShift BullsEye shall acquire no rights in or to any CenturyLink OSS Information. CenturyLink reserves all rights not expressly granted herein.
8.2.1 QuantumShift 52.2.1 BullsEye shall treat CenturyLink OSS Information as Confidential Information of CenturyLink pursuant to Section 14.0, Article III of the Agreement12.
8.2.2 QuantumShift 52.2.2 BullsEye shall not have any right or license to grant sublicenses to other persons, or grant permission to other persons (except QuantumShiftBullsEye’s employees, agents or contractors, in accordance with Section 8.2.3 52.2.3 below), to access, use or disclose CenturyLink OSS Information, except as provided in Section 8.2.3 52.2.3 below.
8.2.3 QuantumShift52.2.3 BullsEye’s employees, agents and contractors may access, use and disclose CenturyLink OSS Information only to the extent necessary for QuantumShiftBullsEye’s access to, and use and disclosure of, CenturyLink OSS Information permitted by this Article. Any access to, or use or disclosure of, CenturyLink OSS Information by QuantumShiftBullsEye’s employees, agents or contractors, shall be subject to the provisions of this Agreement, including, but not limited to, Section 14.0, Article III of the Agreement 12 and Sections 8.2.1 52.2.1 and 8.2.2 52.2.2 above. QuantumShift BullsEye shall ensure that its employees, agents, and contractors comply with all provisions herein relating to access to and use of CenturyLink OSS Information.
8.2.4 QuantumShift’s right to use CenturyLink OSS Information shall expire upon the earliest of: (a) termination of such right in accordance with this Article; or (b) expiration or termination of the Agreement.
8.2.5 All CenturyLink OSS Information received by QuantumShift shall be destroyed or returned by QuantumShift to CenturyLink, upon expiration, suspension or termination of the right to use such CenturyLink OSS Information.
8.3 52.3 Unless sooner terminated or suspended in accordance with the Agreement or this Article (including, but not limited toto Sections 6, Article III, Sections 2.0 50 and 9.0 of the Agreement and Section 11.1 52.7.1 below), QuantumShiftBullsEye’s access to to, and use of, CenturyLink OSS Information through CenturyLink OSS Services shall terminate upon the expiration or termination of the Agreement.
8.3.1 52.3.1 CenturyLink shall have the right (but not the obligation) to audit QuantumShift BullsEye to ascertain whether QuantumShift BullsEye is complying with the requirements of Applicable Law and this Agreement with regard to QuantumShiftBullsEye’s access to, and use and disclosure of, CenturyLink OSS Information.
8.3.2 52.3.2 Without in any way limiting any other rights CenturyLink may have under the Agreement or Applicable Law, CenturyLink shall have the right (but not the obligation) to monitor QuantumShiftBullsEye’s access to and use of CenturyLink OSS Information which is made available by CenturyLink to QuantumShift pursuant to this AgreementInformation, to ascertain whether QuantumShift BullsEye is complying with the requirements of Applicable Law and this Agreement.
52.3.3 Information obtained by CenturyLink pursuant to this Section 52 shall be treated by CenturyLink as Confidential Information of BullsEye pursuant to Section 12; provided that, with regard CenturyLink shall have the right to QuantumShift’s access to, and use and disclosure ofdisclose information pursuant to this Article to enforce CenturyLink’s rights under the Agreement or Applicable Law.
52.3.4 All CenturyLink OSS Information received by BullsEye shall be destroyed or returned by BullsEye to CenturyLink, upon expiration, suspension or termination of the right to use such CenturyLink OSS Information. The foregoing right shall include, but not be limited to, the right (but not the obligation) to electronically monitor QuantumShift’s .
52.3.5 All practices and procedures for access to and use of CenturyLink OSS Information which including all access and user identification codes shall remain the property of CenturyLink.
52.4 The provisions of this Article shall be in addition to and not in derogation of any provisions of Applicable Law, including, but not limited to, 47 U.S.C. §222, and are not intended to constitute a waiver by CenturyLink of any right with regard to protection of the confidentiality of the information of CenturyLink or CenturyLink End Users provided by Applicable Law.
52.5 BullsEye understands that any OSS access to obtain CPNI that is made available by without prior customer permission to access the information or for BullsEye to become the customer’s service provider shall be a material breach of this Agreement.
52.6 CenturyLink will provide BullsEye with access to QuantumShift through CenturyLink documentation and user manuals that set forth the methods and procedures to utilize CenturyLink’s OSS Facilitiesservice. BullsEye agrees that all documentation and manuals shall be used only for internal use, for the purpose of training employees to utilize the capabilities of CenturyLink’s OSS services in accordance with this Article and shall be deemed Confidential Information and subject to the terms, conditions and limitations set forth in this Article.
Appears in 1 contract
Samples: Resale Agreement
CENTURYLINK OSS INFORMATION. 8.1 Subject to the provisions of this Agreement and Applicable Law, QuantumShift TWCIS (AL) shall have a limited, revocable, non-transferable, non-exclusive right to use CenturyLink OSS Information during the term of this Agreement, for QuantumShiftTWCIS (AL)’s internal use for the provision of Telecommunications Services to QuantumShift End User TWCIS (AL) Customers in the State.
8.2 All CenturyLink OSS Information shall at all times remain the property of CenturyLink. Except as expressly stated in this Article, QuantumShift TWCIS (AL) shall acquire no rights in or to any CenturyLink OSS Information. CenturyLink reserves all rights not expressly granted herein.
8.2.1 QuantumShift TWCIS (AL) shall treat CenturyLink OSS Information as Confidential Information of CenturyLink pursuant to Section 14.0, Article III of the Agreement.
8.2.2 QuantumShift TWCIS (AL) shall not have any right or license to grant sublicenses to other persons, or grant permission to other persons (except QuantumShiftTWCIS (AL)’s employees, agents or contractors, in accordance with Section 8.2.3 below), to access, use or disclose CenturyLink OSS Information, except as provided in Section 8.2.3 below.
8.2.3 QuantumShiftTWCIS (AL)’s employees, agents and contractors may access, use and disclose CenturyLink OSS Information only to the extent necessary for QuantumShiftTWCIS (AL)’s access to, and use and disclosure of, CenturyLink OSS Information permitted by this Article. Any access to, or use or disclosure of, CenturyLink OSS Information by QuantumShiftTWCIS (AL)’s employees, agents or contractors, shall be subject to the provisions of this Agreement, including, but not limited to, Section 14.0, Article III of the Agreement and Sections 8.2.1 and 8.2.2 above. QuantumShift shall ensure that its employees, agents, and contractors comply with all provisions herein relating to access to and use of CenturyLink OSS Information.
8.2.4 QuantumShift’s right to use CenturyLink OSS Information shall expire upon the earliest of: (a) termination of such right in accordance with this Article; or (b) expiration or termination of the Agreement.
8.2.5 All CenturyLink OSS Information received by QuantumShift shall be destroyed or returned by QuantumShift to CenturyLink, upon expiration, suspension or termination of the right to use such CenturyLink OSS Information.
8.3 Unless sooner terminated or suspended in accordance with the Agreement or this Article (including, but not limited to, Article III, Sections 2.0 and 9.0 of the Agreement and Section 11.1 below), QuantumShift’s access to CenturyLink OSS Information through CenturyLink OSS Services shall terminate upon the expiration or termination of the Agreement.
8.3.1 CenturyLink shall have the right (but not the obligation) to audit QuantumShift to ascertain whether QuantumShift is complying with the requirements of Applicable Law and this Agreement with regard to QuantumShift’s access to, and use and disclosure of, CenturyLink OSS Information.
8.3.2 Without in any way limiting any other rights CenturyLink may have under the Agreement or Applicable Law, CenturyLink shall have the right (but not the obligation) to monitor QuantumShift’s access to and use of CenturyLink OSS Information which is made available by CenturyLink to QuantumShift pursuant to this Agreement, to ascertain whether QuantumShift is complying with the requirements of Applicable Law and this Agreement, with regard to QuantumShift’s access to, and use and disclosure of, such CenturyLink OSS Information. The foregoing right shall include, but not be limited to, the right (but not the obligation) to electronically monitor QuantumShift’s access to and use of CenturyLink OSS Information which is made available by CenturyLink to QuantumShift through CenturyLink OSS Facilities.and
Appears in 1 contract
Samples: Interconnection Agreement
CENTURYLINK OSS INFORMATION. 8.1 Subject to the provisions of this Agreement and Applicable Law, QuantumShift Spectrotel shall have a limited, revocable, non-transferable, non-exclusive right to use CenturyLink OSS Information during the term of this Agreement, for QuantumShiftSpectrotel’s internal use for the provision of Telecommunications Services to QuantumShift Spectrotel End User Customers in the State.
8.2 All CenturyLink OSS Information shall at all times remain the property of CenturyLink. Except as expressly stated in this Article, QuantumShift Spectrotel shall acquire no rights in or to any CenturyLink OSS Information. CenturyLink reserves all rights not expressly granted herein.
8.2.1 QuantumShift Spectrotel shall treat CenturyLink OSS Information as Confidential Information of CenturyLink pursuant to Section 14.0, Article III of the Agreement.
8.2.2 QuantumShift Spectrotel shall not have any right or license to grant sublicenses to other persons, or grant permission to other persons (except QuantumShiftSpectrotel’s employees, agents or contractors, in accordance with Section 8.2.3 below), to access, use or disclose CenturyLink OSS Information, except as provided in Section 8.2.3 below.
8.2.3 QuantumShiftSpectrotel’s employees, agents and contractors may access, use and disclose CenturyLink OSS Information only to the extent necessary for QuantumShiftSpectrotel’s access to, and use and disclosure of, CenturyLink OSS Information permitted by this Article. Any access to, or use or disclosure of, CenturyLink OSS Information by QuantumShiftSpectrotel’s employees, agents or contractors, shall be subject to the provisions of this Agreement, including, but not limited to, Section 14.0, Article III of the Agreement and Sections 8.2.1 and 8.2.2 above. QuantumShift Spectrotel shall ensure that its employees, agents, and contractors comply with all provisions herein relating to access to and use of CenturyLink OSS Information.
8.2.4 QuantumShiftSpectrotel’s right to use CenturyLink OSS Information shall expire upon the earliest of: (a) termination of such right in accordance with this Article; or (b) expiration or termination of the Agreement.
8.2.5 All CenturyLink OSS Information received by QuantumShift Spectrotel shall be destroyed or returned by QuantumShift Spectrotel to CenturyLink, upon expiration, suspension or termination of the right to use such CenturyLink OSS Information.
8.3 Unless sooner terminated or suspended in accordance with the Agreement or this Article (including, but not limited to, Article III, Sections 2.0 and 9.0 of the Agreement and Section 11.1 below), QuantumShiftSpectrotel’s access to CenturyLink OSS Information through CenturyLink OSS Services shall terminate upon the expiration or termination of the Agreement.
8.3.1 CenturyLink shall have the right (but not the obligation) to audit QuantumShift Spectrotel to ascertain whether QuantumShift Spectrotel is complying with the requirements of Applicable Law and this Agreement with regard to QuantumShiftSpectrotel’s access to, and use and disclosure of, CenturyLink OSS Information.
8.3.2 Without in any way limiting any other rights CenturyLink may have under the Agreement or Applicable Law, CenturyLink shall have the right (but not the obligation) to monitor QuantumShiftSpectrotel’s access to and use of CenturyLink OSS Information which is made available by CenturyLink to QuantumShift Spectrotel pursuant to this Agreement, to ascertain whether QuantumShift Spectrotel is complying with the requirements of Applicable Law and this Agreement, with regard to QuantumShiftSpectrotel’s access to, and use and disclosure of, such CenturyLink OSS Information. The foregoing right shall include, but not be limited to, the right (but not the obligation) to electronically monitor QuantumShiftSpectrotel’s access to and use of CenturyLink OSS Information which is made available by CenturyLink to QuantumShift Spectrotel through CenturyLink OSS Facilities.
Appears in 1 contract
Samples: Resale Agreement
CENTURYLINK OSS INFORMATION. 8.1 52.1 Subject to the provisions of this Agreement and Applicable Law, QuantumShift CLEC shall have a limited, revocable, non-transferable, non-exclusive right to use CenturyLink OSS Information during the term of this Agreement, for QuantumShift’s &HQWXU\/LQN 266 ,QIRUPDWLRQ GXULQJ WKH WHUP RI WKLV $JUHHPHQW IRU &/(&¶V internal use for the provision of Telecommunications Services to QuantumShift CLEC End User Customers Users in the State.
8.2 52.2 All CenturyLink OSS Information shall at all times remain the property of CenturyLink. Except as expressly stated in this Article, QuantumShift CLEC shall acquire no rights in or to any CenturyLink OSS Information. CenturyLink reserves all rights not expressly granted herein.
8.2.1 QuantumShift 52.2.1 CLEC shall treat CenturyLink OSS Information as Confidential Information of CenturyLink pursuant to Section 14.0, Article III of the Agreement12.
8.2.2 QuantumShift 52.2.2 CLEC shall not have any right or license to grant sublicenses to other persons, or grant permission to other persons (except QuantumShift’s employees, &/(&¶V HPSOR\HHV agents or contractors, in accordance with Section 8.2.3 52.2.3 below), to access, use or disclose CenturyLink OSS Information, except as provided in Section 8.2.3 52.2.3 below.
8.2.3 QuantumShift’s employees, agents and contractors may access, use . 52.2.3 &/(&¶V HPSOR\HHV DJHQWV DQG FRQWUDFWRUV PD\ DFFHVV XVH and disclose CenturyLink OSS Information only to the extent necessary for QuantumShift’s access to, and use and disclosure of, QHFHVVDU\ IRU &/(&¶V DFFHVV WR DQG XVH DQG GLVFORVXUH RI CenturyLink OSS Information permitted by this Article. Any access to, or use or disclosure of, CenturyLink OSS Information by QuantumShift’s employees, agents or contractorsE\ &/(&¶V HPSOR\HHV DJHQWV RU FRQWUDFWors, shall be subject to the provisions of this Agreement, including, but not limited to, Section 14.0, Article III of the Agreement 12 and Sections 8.2.1 52.2.1 and 8.2.2 52.2.2 above. QuantumShift CLEC shall ensure that its employees, agents, and contractors comply with all provisions herein relating to access to and use of CenturyLink OSS Information.
8.2.4 QuantumShift’s right 52.3 Unless sooner terminated or suspended in accordance with the Agreement or this Article (including, but not limited to use Sections 6, 50 and 52.7.1 below), &/(&¶V DFFHVV WR DQG XVH RI CenturyLink OSS Information through CenturyLink OSS Services shall expire terminate upon the earliest of: (a) termination of such right in accordance with this Article; or (b) expiration or termination of the Agreement.
8.2.5 52.3.1 CenturyLink shall have the right (but not the obligation) to audit CLEC to ascertain whether CLEC is complying with the requirements of Applicable Law and this Agreement with regard WR &/(&¶V DFFHVV WR DQG XVH DQG GLVFORVXUH RI &HQWXU\/LQN OSS Information.
52.3.2 Without in any way limiting any other rights CenturyLink may have under the Agreement or Applicable Law, CenturyLink shall KDYH WKH ULJKW EXW QRW WKH REOLJDWLRQ WR PRQLWRU &/(&¶V DFFHVV to and use of CenturyLink OSS Information, to ascertain whether CLEC is complying with the requirements of Applicable Law and this Agreement.
52.3.3 Information obtained by CenturyLink pursuant to this Section 52 shall be treated by CenturyLink as Confidential Information of CLEC pursuant to Section 12; provided that, CenturyLink shall have the right to use and disclose information pursuant to this ArtiFOH WR HQIRUFH &HQWXU\/LQN¶V ULJKWV XQGHU WKH $JUHHPHQW RU Applicable Law.
52.3.4 All CenturyLink OSS Information received by QuantumShift CLEC shall be destroyed or returned by QuantumShift CLEC to CenturyLink, upon expiration, suspension or termination of the right to use such CenturyLink OSS Information.
8.3 Unless sooner terminated or suspended in accordance with 52.3.5 All practices and procedures for access to and use of CenturyLink OSS including all access and user identification codes shall remain the Agreement or property of CenturyLink.
52.4 The provisions of this Article (shall be in addition to and not in derogation of any provisions of Applicable Law, including, but not limited to, Article III47 U.S.C. §222, Sections 2.0 and 9.0 are not intended to constitute a waiver by CenturyLink of any right with regard to protection of the Agreement and Section 11.1 below), QuantumShift’s confidentiality of the information of CenturyLink or CenturyLink End Users provided by Applicable Law.
52.5 CLEC understands that any OSS access to CenturyLink OSS Information through CenturyLink OSS Services shall terminate upon obtain CPNI that is made without prior customer permission to access the expiration information or termination of the for CLEC to become WKH FXVWRPHU¶V VHUYLFH SURYLGHU VKDOO EH D PDWHULDO EUHDFK RI WKLV Agreement.
8.3.1 52.6 CenturyLink shall have the right (but not the obligation) to audit QuantumShift to ascertain whether QuantumShift is complying will provide CLEC with the requirements of Applicable Law and this Agreement with regard to QuantumShift’s access to, and use and disclosure of, CenturyLink OSS Information.
8.3.2 Without in any way limiting any other rights CenturyLink may have under the Agreement or Applicable Law, CenturyLink shall have the right (but not the obligation) to monitor QuantumShift’s access to documentation and use user manuals that set forth the methods and procedures to utiOL]H &HQWXU\/LQN¶V OSS service. CLEC agrees that all documentation and manuals shall be used only for internal use, for the purpose of CenturyLink OSS training employees to utilize the FDSDELOLWLHV RI &HQWXU\/LQN¶V 266 VHUYLFHV LQ DFFRUGDQFH ZLWK WKLV $UWLFOH DQG shall be deemed Confidential Information which is made available by CenturyLink and subject to QuantumShift pursuant to the terms, conditions and limitations set forth in this Agreement, to ascertain whether QuantumShift is complying with the requirements of Applicable Law and this Agreement, with regard to QuantumShift’s access to, and use and disclosure of, such CenturyLink OSS Information. The foregoing right shall include, but not be limited to, the right (but not the obligation) to electronically monitor QuantumShift’s access to and use of CenturyLink OSS Information which is made available by CenturyLink to QuantumShift through CenturyLink OSS FacilitiesArticle.
Appears in 1 contract
Samples: Resale Agreement
CENTURYLINK OSS INFORMATION. 8.1 Subject to the provisions of this Agreement and Applicable Law, QuantumShift VCom shall have a limited, revocable, non-transferable, non-exclusive right to use CenturyLink OSS Information during the term of this Agreement, for QuantumShiftVCom ’s internal use for the provision of Telecommunications Services to QuantumShift VCom End User Customers in the State.
8.2 All CenturyLink OSS Information shall at all times remain the property of CenturyLink. Except as expressly stated in this Article, QuantumShift VCom shall acquire no rights in or to any CenturyLink OSS Information. CenturyLink reserves all rights not expressly granted herein.
8.2.1 QuantumShift VCom shall treat CenturyLink OSS Information as Confidential Information of CenturyLink pursuant to Section 14.0, Article III of the Agreement.
8.2.2 QuantumShift VCom shall not have any right or license to grant sublicenses to other persons, or grant permission to other persons (except QuantumShiftVCom ’s employees, agents or contractors, in accordance with Section 8.2.3 below), to access, use or disclose CenturyLink OSS Information, except as provided in Section 8.2.3 below.
8.2.3 QuantumShiftVCom ’s employees, agents and contractors may access, use and disclose CenturyLink OSS Information only to the extent necessary for QuantumShiftVCom ’s access to, and use and disclosure of, CenturyLink OSS Information permitted by this Article. Any access to, or use or disclosure of, CenturyLink OSS Information by QuantumShiftVCom ’s employees, agents or contractors, shall be subject to the provisions of this Agreement, including, but not limited to, Section 14.0, Article III of the Agreement and Sections 8.2.1 and 8.2.2 above. QuantumShift VCom shall ensure that its employees, agents, and contractors comply with all provisions herein relating to access to and use of CenturyLink OSS Information.
8.2.4 QuantumShiftVCom ’s right to use CenturyLink OSS Information shall expire upon the earliest of: (a) termination of such right in accordance with this Article; or (b) expiration or termination of the Agreement.
8.2.5 All CenturyLink OSS Information received by QuantumShift shall be destroyed or returned by QuantumShift to CenturyLink, upon expiration, suspension or termination of the right to use such CenturyLink OSS Information.
8.3 Unless sooner terminated or suspended in accordance with the Agreement or this Article (including, but not limited to, Article III, Sections 2.0 and 9.0 of the Agreement and Section 11.1 below), QuantumShift’s access to CenturyLink OSS Information through CenturyLink OSS Services shall terminate upon the expiration or termination of the Agreement.
8.3.1 CenturyLink shall have the right (but not the obligation) to audit QuantumShift to ascertain whether QuantumShift is complying with the requirements of Applicable Law and this Agreement with regard to QuantumShift’s access to, and use and disclosure of, CenturyLink OSS Information.
8.3.2 Without in any way limiting any other rights CenturyLink may have under the Agreement or Applicable Law, CenturyLink shall have the right (but not the obligation) to monitor QuantumShift’s access to and use of CenturyLink OSS Information which is made available by CenturyLink to QuantumShift pursuant to this Agreement, to ascertain whether QuantumShift is complying with the requirements of Applicable Law and this Agreement, with regard to QuantumShift’s access to, and use and disclosure of, such CenturyLink OSS Information. The foregoing right shall include, but not be limited to, the right (but not the obligation) to electronically monitor QuantumShift’s access to and use of CenturyLink OSS Information which is made available by CenturyLink to QuantumShift through CenturyLink OSS Facilities.or
Appears in 1 contract
Samples: Resale Agreement