Common use of Development of Client Software Clause in Contracts

Development of Client Software. (a) Licensed Client; Connectivity. Following the Closing, each of Prodigy and Operating Partnership agrees that prior to obtaining a Commercial Client it shall contract for (a) the ability to remove (including by disabling access to, or the user interface of, without actually removing the code for) functionality, advertising, trademarks and other references from such Commercial Client, including any Upgrades thereto, if such items would violate the exclusive rights granted to SBC in Section 3.5 of this Agreement, or (b) the ability to package and integrate the Commercial Client with software used, owned, licensed, provided, or sold by SBC. In the event Operating Partnership is unable to contract for the ability to remove such functionality, advertising, trademarks and other references from such Commercial Client including any Upgrades thereto or the ability to package and integrate the Commercial Client with software used, owned, licensed, provided or sold by SBC, Operating Partnership shall not enter into a contract with such Commercial Client without the prior written consent of SBC (which consent shall not be unreasonably withheld). Operating Partnership shall obtain Documentation to reflect the removal of such functionality from such Commercial Client and the ability to package and integrate the Commercial Client with software used, owned, licensed, provided, or sold by SBC. Operating Partnership shall utilize Connectivity Software to Deliver the Prodigy Service.

Development of Client Software. (a) Licensed Client; Connectivity. Following the Closing, each of Prodigy and Operating Partnership agrees that prior to obtaining a Commercial Client it shall contract for (a) the ability to remove (including by disabling access to, or the user interface of, without actually removing the code for) functionality, advertising, trademarks and other references from such Commercial Client, including any Upgrades thereto, if such items would violate the exclusive rights granted to SBC in Section 3.5 3.7 of this Agreement, or (b) the ability to package and integrate the Commercial Client with software used, owned, licensed, provided, provided or sold by SBC. In the event Operating Partnership is unable to contract for the ability to remove such functionality, advertising, trademarks and other references from such Commercial Client including any Upgrades thereto or the ability to package and integrate the Commercial Client with software used, owned, licensed, provided or sold by SBC, Operating Partnership shall not enter into a contract with such Commercial Client without the prior written consent of SBC (which consent shall not be unreasonably withheld). Operating Partnership shall obtain Documentation to reflect the removal of such functionality from such Commercial Client and the ability to package and an integrate the Commercial Client with software used, owned, licensed, provided, provided or sold by SBC. Operating Partnership shall utilize Connectivity Software to Deliver the Prodigy Service.