Copying and Modifications. (a) Customer may make copies of the Software in machine-readable form and Source Code in support of its own use of the Software and Source Code as permitted by this License Agreement, provided all copyright notices and confidential/proprietary markings are maintained and reproduced. (b) Customer may not remove, must reproduce and include all copyright notices and confidential/proprietary notices of Contractor on any copy of all or any portion of the Software. All copies shall be subject to the terms and conditions of this License. (c) Except as set forth in this Section 4(c), Customer shall not sublicense, resell, license, or distribute the Software or Source Code to any third party. Customer may distribute the Software or the Source Code only to a third party (the “Sublicense”) engaged by Customer to support the WV-3 Satellite and ground processing associated with the WV-3 Satellite, including; a. U.S. government owned ground stations and b. ground stations associated with Customer’s Direct Access Program, provided that (1) Sublicensee agree to be bound by all obligations, restrictions, and limitations set forth in the License Agreement: provided, however, that such Sublicensee shall have no right to further sublicense or distribute the Software or the Source Code to any other third party; and (2) Customer notifies Contractor or the identities of such Sublicensees. (d) In the event that the Source Code Escrow account is exercised pursuant to Section 17.6 of the Agreement, Customer may make modifications to the Software after the WV3 Instrument has been launched. Such modifications may correct defects in the Software, or may provide software [**Redacted**] conditions, which occur, or may represent enhancements as warranted to improve [**Redacted**] operations. If requested by Contractor, Customer shall provide to Contractor a report of the modifications, which may be a copy of the modified Software or Source Code, as applicable, or a list of the changes. (e) Customer may use the WV3 Instrument Software, including [**Redacted**] at any time to develop ground operations software, including ground operations software in support of: a. U.S. government owned ground station(s) and/or b. Customer’s Direct Access Program, for WorldView Satellites built for Customer by Contractor. Use of such Software or Source Code to support Satellites built by third party competitors is subject to prior written approval of Contractor. (f) Customer may make changes to the ground software in order to tune, update, extend the functionality, and investigate WorldView Satellite anomalies, which may include modifications ot the underlying flight software source code or algorithms.
Appears in 2 contracts
Samples: Satellite Purchase Agreement (Digitalglobe Inc), Satellite Purchase Agreement (Digitalglobe Inc)
Copying and Modifications. (a) Customer may make copies of the Software in machine-readable form and Source Code in support of its own use of the Software and Source Code as permitted by this License Agreement, provided all copyright notices and confidential/proprietary markings are maintained and reproduced.
(b) Customer may not remove, must reproduce and include all copyright notices and confidential/proprietary notices of Contractor on any copy of all or any portion of the Software. All copies shall be subject to the terms and conditions of this License.
(c) Except as set forth in this Section 4(c), Customer shall not sublicense, resell, license, or distribute the Software or Source Code to any third party. Customer may distribute the Software or the Source Code only to a third party (the “Sublicense”) engaged by Customer to support the WV-3 Satellite and ground processing associated with the WV-3 Satellite, including; a. U.S. government government-owned ground stations and b. ground stations associated with Customer’s Direct Access Program, provided that (1) Sublicensee agree to be bound by all obligations, restrictions, and limitations set forth in the License Agreement: provided, however, that such Sublicensee shall have no right to further sublicense or distribute the Software or the Source Code to any other third party; and (2) Customer notifies Contractor or of the identities of such Sublicensees.
(d) In the event that the Flight Source Code Escrow account is exercised released to Customer pursuant to Section 17.6 the terms of the AgreementEscrow account, Customer may make modifications to the Flight Software after the WV3 Instrument has been launched. Such modifications may correct defects in the Flight Software, or may provide software [**Redacted**] conditionsRedacted**]condition s, which occur, or may represent enhancements as warranted to improve [**Redacted**] operations. If requested by Contractor, Customer shall provide to Contractor a report of the modifications, which may be a copy of the modified Software or Source Code, as applicable, or a list of the changes.
(e) Customer may use the WV3 Instrument SoftwareGround Software or Source Code, including [**Redacted**] ], at any time to develop ground operations software, including ground operations software in support of: a. U.S. government government-owned ground station(s) and/or b. Customer’s Direct Access Program, for WorldView Satellites the WV3 Instrument being built for Customer by Contractor. Use of such Software or Source Code Exhibit 3 to support Satellites built by third party competitors is subject to prior written approval of Contractor.
(f) Customer may make changes to the ground software in order to tune, update, extend the functionality, and investigate WorldView Satellite anomalies, which may include modifications ot the underlying flight software source code or algorithms.Agreement #60151 Document Number 10329748
Appears in 2 contracts
Samples: Instrument Purchase Agreement (Digitalglobe Inc), Instrument Purchase Agreement (Digitalglobe Inc)