Common use of General Grants and Limitations Clause in Contracts

General Grants and Limitations. ‌ The determination of which License type will be suitable for Licensee will depend on factors, such as e.g. the number of developers, the manner of deployment of Licensee Products, the number of installations, etc. Licensee may seek advice on the suitable License type directly from Highsoft. In such case, Highsoft will use to its best effort to suggest a suitable License type based on the information provided by Licensee. Licensee guarantees that all information provided to be complete and true. Highsoft provides no guarantees as to the suitability of the chosen License type and disclaims all liability related to the choice made by Licensee. Licensee shall be allowed to deploy all subsequent Minor Releases of the licensed Software. Major releases are however only available by purchasing Version Upgrade as set forth in section 3.5 below. Included in the purchase of any License, Licensee is entitled to: Make full use of Highsoft’s online support forum as set forth on Highsoft’s Website, Access to 1st line support, with a guaranteed response no later than 36 hours on working days, Central European Time (CET) after the request was received. Licensee may obtain Software source code by downloading the source code from Highsoft Website, and make own edits, and keep its own repositories with the modified source code. Licensee undertakes not to use Software as part of any offerings comprising functionality that is substantially similar to that of Software or any other products that Highsoft is offering, during the term of this Agreement, and for a period of three (3) years after termination. Nothing in this Agreement shall, however, be construed to preclude either Party from developing, using, marketing, licensing and/or selling independently software which has the same or similar functionality as Software or any other products, as long as such activities do not infringe the intellectual property rights of the other Party. Highsoft reserves all rights not expressly granted to Licensee in this Agreement. Without limiting the generality of the foregoing, Licensee acknowledges and agrees that: (a) except as specifically set forth in this Agreement, Highsoft retains all right, title and interest in and to Software, and Licensee does not acquire any right, title or interest to Software except as set forth herein; (b) any configuration or deployment of Software shall not affect or diminish Highsoft’s rights, title or interest in and to Software. Except as stated in the foregoing subsection, nothing in this Agreement shall limit in any way Highsoft’s right to develop, use, license, create derivative works of, or otherwise exploit Software, or to permit Third Parties to do so. Licensee shall not modify, delete or obscure any notices of proprietary rights or any Software identification or restrictions on or in Software found in the license-header of the code files.

General Grants and Limitations. ‌ The determination of Upon request, Highsoft may provide advice on which License type will be suitable for Licensee as this will mainly depend on factors, such as e.g. the number of developers, the manner of deployment of Licensee Products, the number of installations, etc. Licensee may seek advice on the suitable License type directly from HighsoftLicensee’s use case. In such case, Highsoft will use to its best effort to suggest a suitable License type based on the information provided by Licensee. Licensee guarantees that all shall bear the risk for the correctness and completeness of the information provided to be complete provided, and true. Highsoft provides no guarantees guarantees, express or implied, as to the suitability of the chosen License type type(s) and hereby disclaims any and all liability related to the choice made by Licensee. Each License granted by Highsoft under this Agreement comes with a defined (limited) number of authorized Developers. Licensee acknowledges, accepts, and undertakes to ensure that the actual number of Developers at any time shall not exceed the total number of Developers stated in License Statement. Any breach of this restriction shall be allowed to deploy all subsequent Minor Releases considered a material breach of the licensed SoftwareAgreement. Major releases are however only available The License does not extend to Licensee’s Affiliates at the commencement of this Agreement, unless otherwise agreed between the Parties by purchasing Version Upgrade way of express identification of this extended right in the License Statement, and subject to Licensee’s payment of the additional Affiliate Fee. However, Licensee may at any time and subject to an additional Affiliate Fee purchase a right for its Affiliates to use the Licensed Software within the scope of the purchased License(s) and the number of Developers and Customer Installations defined therein (if applicable). Any such subsequent extension of the License to also cover Licensee’s Affiliates must, in order to be valid, be agreed in writing between the Parties. The written Agreement shall state the applicable Affiliate Fee and the conditions governing its payment, and the License Statement shall be adjusted accordingly by Highsoft. A purchase of License also includes a twelve (12) months enrollment in the Highcharts Advantage plan as set forth defined in section 3.5 3.6 below, commencing on Delivery Date. Included in Licensee may purchase additional period(s) of Highcharts Advantage at the purchase same time as purchasing a License or, alternatively, upon expiry of the included Highcharts Advantage period renew Highcharts Advantage with additional twelve (12) month periods (or longer) pursuant to section 3.6 below and subject to payment of the applicable Highcharts Advantage fee according to section 4. Licensee undertakes not to make use of any License, Software in other or newer versions than such Release(s) of the Licensed Software which Licensee is entitled to: Make full to use pursuant to section 3.6. Any breach of Highsoftthis restriction shall be considered a material breach of the Agreement. The perpetual nature of License(s) granted under section 3.2, 3.3, 3.4 and/or 3.5 of this Agreement is strictly limited to Release(s) of the Software to which Licensee has lawfully gained access and usage rights during a valid enrollment in the Highcharts Advantage plan in accordance with section 3.6. Notwithstanding its (otherwise) perpetual nature, such License shall nevertheless expire if the Agreement is lawfully terminated by Highsoft due to Licensee’s online support forum as set forth on Highsoft’s Websitematerial breach, Access to 1st line support, with a guaranteed response no later than 36 hours on working days, Central European Time (CET) after the request was receivedcf. section 11 second paragraph. Licensee may obtain Licensed Software source code by downloading the source code from the Highsoft Website, and make own edits, and keep its own repositories with the modified source code. Licensee undertakes not to use Software as part of any offerings comprising functionality that is substantially similar to that of Software or any other products that Highsoft is offeringSoftware, during the term of this Agreement, and for a period of three (3) years after its termination, however occasioned. Nothing in this Agreement shall, however, be construed to preclude either Party Licensee from developing, using, marketing, licensing and/or selling independently software which is developed by Licensee on a fully independent basis, even if such software has the same or similar functionality as Software or any other productsSoftware, as long as provided always that such activities do not infringe the or jeopardize Highsoft’s intellectual property rights or are in breach of the other Party. Highsoft reserves all rights not expressly granted to Licensee in this Agreement. Without limiting the generality related statutory or non-statutory rules of the foregoing, Licensee acknowledges and agrees that: (a) except as specifically set forth in this Agreement, Highsoft retains all right, title and interest in and to Software, and Licensee does not acquire any right, title or interest to Software except as set forth herein; (b) any configuration or deployment of Software shall not affect or diminish Highsoft’s rights, title or interest in and to Software. Except as stated in the foregoing subsection, nothing in this Agreement shall limit in any way Highsoft’s right to develop, use, license, create derivative works of, or otherwise exploit Software, or to permit Third Parties to do solaw. Licensee shall not modify, delete or obscure any notices of proprietary rights or any Software identification or restrictions on or in Software found in the license-header of the code files.

General Grants and Limitations. ‌ The determination of which License type will be suitable for Licensee will depend on several factors, such as e.g. the number of developers, the manner of deployment business model of Licensee Products, and the number desire to sublicense the Software as an integral part of installations, etcLicensee’s own products. Licensee may seek advice on the suitable License type directly from Highsoft. In Rocketfarm and, in such a case, Highsoft Rocketfarm will use to its best effort efforts to suggest a suitable License type based on the information provided by Licensee. Licensee guarantees that all information provided to be complete and true. Highsoft provides no guarantees as to the suitability of the chosen License type and disclaims all liability related to the choice made by Licensee. Licensee shall be allowed to deploy all subsequent Minor Releases of the licensed Software. Major releases are however only available by purchasing Version Upgrade as set forth in section 3.5 below. Included in the purchase of any License, Licensee is entitled to: Make full use of Highsoft’s online support forum as set forth on Highsoft’s Website, Access to 1st line support, with a guaranteed response no later than 36 hours on working days, Central European Time (CET) after the request was received. Licensee may obtain the Software source code from Rocketfarm’s website, by downloading the source code way of email from Highsoft WebsiteRocketfarm, and make own edits, and keep its own repositories with the modified source codeor by way of file transfer from Rocketfarm. Licensee undertakes not to use Software as part of any offerings comprising functionality that is substantially similar to that of Software or any other products that Highsoft is offering, during the term of this Agreement, and for a period of three (3) years after termination. Nothing in this Agreement shall, however, be construed to preclude either Party from developing, using, marketing, licensing and/or selling independently software which has the same or similar functionality as Software or any other products, as long as such activities do not infringe the intellectual property rights of the other Party. Highsoft reserves all rights not expressly The License granted to Licensee herein shall apply to Software in this Agreement. Without limiting the generality of the foregoing, Licensee acknowledges and agrees that: (a) except as specifically set forth in this Agreement, Highsoft retains all right, title and interest in and to SoftwareObject Code only, and Licensee does not acquire any right, title or interest to Software except as set forth herein; (b) any configuration or deployment of Software shall not affect or diminish Highsoft’s rights, title or interest in and to Software. Except as stated in the foregoing subsection, nothing in this Agreement shall limit be interpreted or construed as giving Licensee any rights or license to the source code of Rocketfarm’s Software. The License granted herein shall be non-sublicensable and non-transferable, as further set out in the following sections, unless otherwise explicitly agreed between Rocketfarm and Licensee for each separate License. The Software will be linked to a particular Product by means of technical protection systems, using the fingerprints of Product hardware components. The Software and/or the License shall not in any way Highsoftbe transferred from one Product to another Product. Copying, reverse engineering or other form of reproduction and duplication of the Software shall not be allowed and shall be rendered as a material breach of this Agreement. The same applies to any circumvention of the technical protection system mentioned in this section 3. If the licensed Software is transferred to Licensee’s End Customer pursuant to Licensee’ OEM License, the Licensee shall be obliged to notify Rocketfarm if Licensee has reason to suspect that Licensee’s End Customer performs, has performed or plans to perform any such illegal act. For the avoidance of doubt, any Open Source closely connected with the Software shall remain open and nothing in this Agreement shall be interpreted or understood as an attempt to restrict or in other way limit the right to develop, use, license, create derivative works of, or otherwise exploit Software, or to permit Third Parties to do so. Licensee shall not modify, delete or obscure any notices of proprietary rights or any Software identification or restrictions on or use such Open Source in Software found in the license-header of the code files.accordance with applicable licenses

General Grants and Limitations. ‌ The determination of which License type will be suitable for Licensee will depend on factors, such as e.g. the number of developers, the manner of deployment of Licensee Products, the number of installations, etc. Licensee may seek advice on the suitable License type directly from Highsoft. In such case, Highsoft will use to its best effort to suggest a suitable License type based on the information provided by Licensee. Licensee guarantees that all shall bear the risk for the correctness and completeness of information provided to be complete and trueby it. Under any circumstances, Highsoft provides no guarantees guarantees, express or implied, as to the suitability of the chosen License type type(s) and hereby disclaims any and all liability related to the choice made by Licensee. Licensee shall be allowed to deploy all subsequent Minor Releases of the licensed Software. Major releases are however only available by purchasing Version Upgrade as set forth in section 3.5 below. Included in the The purchase of any LicenseLicense to use the Licensed Software shall also include a twelve (12) months enrollment in Highsoft’s Advantage plan as defined in section 3.4 below, commencing on Delivery Date. Licensee may purchase additional period(s) of Advantage at the same time as purchasing a License or, alternatively, upon expiry of the included Advantage period renew Advantage with additional twelve (12) month periods (or longer) pursuant to section 3.4 below and subject to payment of the applicable Advantage fee according to section 4. The perpetuality of the granted License under section 3.2 and/or 3.3 does only relate to the Release(s) to which Licensee is entitled to: Make full use of Highsoft’s online support forum as set forth on Highsoft’s Website, Access to 1st line support, gain access pursuant to a valid enrollment in Advantage in accordance with a guaranteed response no later than 36 hours on working days, Central European Time (CET) after the request was received. section 3.4 Licensee may obtain Licensed Software source code by downloading the source code from Highsoft Website, and make own edits, and keep its own repositories with the modified source code. Licensee undertakes not to use Software as part of any offerings comprising functionality that is substantially similar to that of Software or any other products that Highsoft is offering, during the term of this Agreement, and for a period of three (3) years after its termination, however occasioned. Nothing in this Agreement shall, however, be construed to preclude either Party from developing, using, marketing, licensing and/or selling independently software which has the same or similar functionality as Software or any other products, as long as such activities do not infringe the intellectual property rights of the other Party. Highsoft reserves all rights not expressly granted to Licensee in this Agreement. Without limiting the generality of the foregoing, Licensee acknowledges and agrees that: (a) except as specifically set forth in this Agreement, Highsoft retains all right, title and interest in and to Software, and Licensee does not acquire any right, title Party or interest to Software except as set forth herein; (b) any configuration other statutory or deployment of Software shall not affect or diminish Highsoft’s rights, title or interest in and to Software. Except as stated in the foregoing subsection, nothing in this Agreement shall limit in any way Highsoft’s right to develop, use, license, create derivative works of, or otherwise exploit Software, or to permit Third Parties to do sonon-statutory provisions. Licensee shall not modify, delete or obscure any notices of proprietary rights or any Software identification or restrictions on or in Software found in the license-header of the code files.

General Grants and Limitations. ‌ The determination of which License type will be suitable for Licensee will depend on factors, such as e.g. the number of developers, the manner of deployment of Licensee Products, the number of installations, etc. Licensee may seek advice on the suitable License type directly from Highsoft. In such case, Highsoft will use to its best effort to suggest a suitable License type based on the information provided by Licensee. Licensee guarantees that all shall bear the risk for the correctness and completeness of information provided to be complete and trueby it. Under any circumstances, Highsoft provides no guarantees guarantees, express or implied, as to the suitability of the chosen License type type(s) and hereby disclaims any and all liability related to the choice made by Licensee. Unless otherwise explicitly agreed between the Parties, all Licenses are granted by Highsoft to Licensee only and do not extend to Licensee’s Affiliates. However, Licensee may at any time and subject to an additional Affiliate Fee purchase a right for its Affiliates to use the Licensed Software within the scope of the purchased License(s) and the number of Developers and Customer Installations defined therein (if applicable). Any such extension of the License to also cover Licensee’s Affiliates must, in order to be valid, be agreed in writing between the Parties. The written Agreement shall state the applicable Affiliate Fee and the conditions governing its payment, and the License Statement shall be allowed to deploy all subsequent Minor Releases of the licensed Softwareadjusted accordingly by Highsoft. Major releases are however only available by purchasing Version Upgrade as set forth in section 3.5 below. Included in the The purchase of any License, Licensee is entitled to: Make full License to use of the Licensed Software shall also include a twelve (12) months enrollment in Highsoft’s online support forum Advantage plan as set forth defined in section 3.4 below, commencing on Delivery Date. Licensee may purchase additional period(s) of Advantage at the same time as purchasing a License or, alternatively, upon expiry of the included Advantage period renew Advantage with additional twelve (12) month periods (or longer) pursuant to section 3.4 below and subject to payment of the applicable Advantage fee according to section 4. The perpetual nature of License(s) granted under section 3.2 and/or 3.3 of this Agreement is strictly limited to Release(s) of the Software to which Licensee has lawfully gained access and usage rights during a valid enrollment in Highsoft’s WebsiteAdvantage plan in accordance with section 3.4. Notwithstanding its (otherwise) perpetual nature, Access such License shall nevertheless expire if the Agreement is lawfully terminated by Highsoft due to 1st line supportLicensee’s material breach, with a guaranteed response no later than 36 hours on working days, Central European Time (CET) after the request was receivedcf. section 11 second paragraph. Licensee may obtain Licensed Software source code by downloading the source code from Highsoft Website, and make own edits, and keep its own repositories with the modified source code. Licensee undertakes not to use Software as part of any offerings comprising functionality that is substantially similar to that of Software or any other products that Highsoft is offering, during the term of this Agreement, and for a period of three (3) years after its termination, however occasioned. Nothing in this Agreement shall, however, be construed to preclude either Party from developing, using, marketing, licensing and/or selling independently software which has the same or similar functionality as Software or any other products, as long as such activities do not infringe the intellectual property rights of the other Party. Highsoft reserves all rights not expressly granted to Licensee in this Agreement. Without limiting the generality of the foregoing, Licensee acknowledges and agrees that: (a) except as specifically set forth in this Agreement, Highsoft retains all right, title and interest in and to Software, and Licensee does not acquire any right, title Party or interest to Software except as set forth herein; (b) any configuration other statutory or deployment of Software shall not affect or diminish Highsoft’s rights, title or interest in and to Software. Except as stated in the foregoing subsection, nothing in this Agreement shall limit in any way Highsoft’s right to develop, use, license, create derivative works of, or otherwise exploit Software, or to permit Third Parties to do sonon-statutory provisions. Licensee shall not modify, delete or obscure any notices of proprietary rights or any Software identification or restrictions on or in Software found in the license-header of the code files.

General Grants and Limitations. ‌ The determination of which License type will be suitable for Licensee will depend on factors, such as e.g. the number of developers, the manner of deployment of Licensee Products, the number of installations, etc. Licensee may seek advice on the suitable License type directly from Highsoft. In such case, Highsoft will use to its best effort to suggest a suitable License type based on the information provided by Licensee. Licensee guarantees that all shall bear the risk for the correctness and completeness of information provided to be complete and trueby it. Under any circumstances, Highsoft provides no guarantees guarantees, express or implied, as to the suitability of the chosen License type type(s) and hereby disclaims any and all liability related to the choice made by Licensee. Licensee The purchase of any License to use the Licensed Software shall be allowed to deploy all subsequent Minor Releases of the licensed Software. Major releases are however only available by purchasing Version Upgrade also include a twelve (12) months enrollment in Highsoft’s Advantage plan as set forth defined in section 3.5 below, commencing on Delivery Date. Included in Licensee may thereafter renew Advantage with additional twelve (12) month periods (or longer) pursuant to section 3.5 below and subject to payment of the purchase of any License, Licensee is entitled to: Make full use of Highsoft’s online support forum as set forth on Highsoft’s Website, Access applicable Advantage fee according to 1st line support, with a guaranteed response no later than 36 hours on working days, Central European Time (CET) after the request was receivedsection 4. Licensee may obtain Licensed Software source code by downloading the source code from Highsoft Website, and make own edits, and keep its own repositories with the modified source code. Licensee undertakes not to use Software as part of any offerings comprising functionality that is substantially similar to that of Software or any other products that Highsoft is offering, during the term of this Agreement, and for a period of three (3) years after termination. Nothing in this Agreement shall, however, be construed to preclude either Party from developing, using, marketing, licensing and/or selling independently software which has the same or similar functionality as Software or any other products, as long as such activities do not infringe the intellectual property rights of the other Party. Highsoft reserves all rights not expressly granted to Licensee in this Agreement. Without limiting the generality of the foregoing, Licensee acknowledges and agrees that: (a) except as specifically set forth in this Agreement, Highsoft retains all right, title and interest in and to Software, and Licensee does not acquire any right, title or interest to Software except as set forth herein; (b) any configuration or deployment of Software shall not affect or diminish Highsoft’s rights, title or interest in and to Software. Except as stated in the foregoing subsection, nothing in this Agreement shall limit in any way Highsoft’s right to develop, use, license, create derivative works of, or otherwise exploit Software, or to permit Third Parties to do so. Licensee shall not modify, delete or obscure any notices of proprietary rights or any Software identification or restrictions on or in Software found in the license-header of the code files.

General Grants and Limitations. ‌ The determination of which License type will be suitable for Licensee will depend on factors, such as e.g. the number of developers, the manner of deployment of Licensee Products, the number of installations, etc. Licensee may seek advice on the suitable License type directly from Highsoft. In such case, Highsoft will use to its best effort to suggest a suitable License type based on the information provided by Licensee. Licensee guarantees that all information provided to be complete and true. However, Highsoft provides no guarantees as to the suitability of the chosen License type and disclaims all liability related to the choice made by Licensee. Licensee shall be allowed to deploy all subsequent Minor Releases of the licensed Software. Major releases are however only available by purchasing Version Upgrade as set forth in section 3.5 below. Included in the The purchase of any License, Licensee is entitled to: Make full License to use of the Software shall also include a twelve (12) months enrollment in Highsoft’s online support forum Advantage plan as set forth defined in section 3.6 below, commencing on Highsoft’s WebsiteDelivery Date. Licensee may renew Advantage with additional twelve (12) month periods pursuant to section 3.6 below, Access subject to 1st line support, payment of the Advantage fee in accordance with a guaranteed response no later than 36 hours on working days, Central European Time (CET) after the request was receivedsection 4. Licensee may obtain Software source code by downloading the source code from Highsoft Website, and make own edits, and keep its own repositories with the modified source code. Licensee undertakes not to use Software as part of any offerings comprising functionality that is substantially similar to that of Software or any other products that Highsoft is offering, during the term of this Agreement, and for a period of three (3) years after termination. Nothing in this Agreement shall, however, be construed to preclude either Party from developing, using, marketing, licensing and/or selling independently software which has the same or similar functionality as Software or any other products, as long as such activities do not infringe the intellectual property rights of the other Party. Highsoft reserves all rights not expressly granted to Licensee in this Agreement. Without limiting the generality of the foregoing, Licensee acknowledges and agrees that: (a) except as specifically set forth in this Agreement, Highsoft retains all right, title and interest in and to Software, and Licensee does not acquire any right, title or interest to Software except as set forth herein; (b) any configuration or deployment of Software shall not affect or diminish Highsoft’s rights, title or interest in and to Software. Except as stated in the foregoing subsection, nothing in this Agreement shall limit in any way Highsoft’s right to develop, use, license, create derivative works of, or otherwise exploit Software, or to permit Third Parties to do so. Licensee shall not modify, delete or obscure any notices of proprietary rights or any Software identification or restrictions on or in Software found in the license-header of the code files.

General Grants and Limitations. ‌ The determination of which License type will be suitable for Licensee will depend on factors, such as e.g. the number of developers, the manner of deployment of Licensee Products, the number of installations, etc. Licensee may seek advice on the suitable License type directly from Highsoft. In such case, Highsoft will use to its best effort to suggest a suitable License type based on the information provided by Licensee. Licensee guarantees that all information provided to be complete and true. Highsoft provides no guarantees as to the suitability of the chosen License type and disclaims all liability related to the choice made by Licensee. Licensee shall be allowed to deploy all subsequent Minor Releases of the licensed Software. Major releases are however only available by purchasing Version Upgrade as set forth in section 3.5 below. Included in the purchase of any License, Licensee is entitled to: : i. Make full use of Highsoft’s online support forum as set forth on Highsoft’s Website, ii. Access to 1st line support, with a guaranteed response no later than 36 hours on working days, Central European Time (CET) after the request was received. Licensee may obtain Software source code by downloading the source code from Highsoft Website, and make own edits, and keep its own repositories with the modified source code. Licensee undertakes not to use Software as part of any offerings comprising functionality that is substantially similar to that of Software or any other products that Highsoft is offering, during the term of this Agreement, and for a period of three (3) years after termination. Nothing in this Agreement shall, however, be construed to preclude either Party from developing, using, marketing, licensing and/or selling independently software which has the same or similar functionality as Software or any other products, as long as such activities do not infringe the intellectual property rights of the other Party. Highsoft reserves all rights not expressly granted to Licensee in this Agreement. Without limiting the generality of the foregoing, Licensee acknowledges and agrees that: (a) except as specifically set forth in this Agreement, Highsoft retains all right, title and interest in and to Software, and Licensee does not acquire any right, title or interest to Software except as set forth herein; (b) any configuration or deployment of Software shall not affect or diminish Highsoft’s rights, title or interest in and to Software. Except as stated in the foregoing subsection, nothing in this Agreement shall limit in any way Highsoft’s right to develop, use, license, create derivative works of, or otherwise exploit Software, or to permit Third Parties to do so. Licensee shall not modify, delete or obscure any notices of proprietary rights or any Software identification or restrictions on or in Software found in the license-header of the code files.

General Grants and Limitations. ‌ The determination of which License type will be suitable for Licensee will depend on factors, such as e.g. the number of developers, the manner of deployment of Licensee Products, the number of installations, etc. Licensee may seek advice on the suitable License type directly from Highsoft. In such case, Highsoft will use to its best effort to suggest a suitable License type based on the information provided by Licensee. Licensee guarantees that all shall bear the risk for the correctness and completeness of information provided to be complete and trueby it. Under any circumstances, Highsoft provides no guarantees guarantees, express or implied, as to the suitability of the chosen License type type(s) and hereby disclaims any and all liability related to the choice made by Licensee. Licensee shall be allowed to deploy all subsequent Minor Releases of the licensed Software. Major releases are however only available by purchasing Version Upgrade as set forth in section 3.5 below. Included in the The purchase of any LicenseLicense to use the Licensed Software shall also include a twelve (12) months enrollment in Highsoft’s Advantage plan as defined in section 3.4 below, commencing on Delivery Date. Licensee may purchase additional period(s) of Advantage at the same time as purchasing a License or, alternatively, upon expiry of the included Advantage period renew Advantage with additional twelve (12) month periods (or longer) pursuant to section 3.4 below and subject to payment of the applicable Advantage fee according to section 4. The perpetuality of the granted License under section 3.2 and/or 3.3 does only relate to the Release(s) to which Licensee is entitled to: Make full use of Highsoft’s online support forum as set forth on Highsoft’s Website, Access to 1st line support, gain access pursuant to a valid enrollment in Advantage in accordance with a guaranteed response no later than 36 hours on working days, Central European Time (CET) after the request was received. section 3.4 Licensee may obtain Licensed Software source code by downloading the source code from Highsoft Website, and make own edits, and keep its own repositories with the modified source code. Licensee undertakes not to use Software as part of any offerings comprising functionality that is substantially similar to that of Software or any other products that Highsoft is offering, during the term of this Agreement, and for a period of three (3) years after its termination, however occasioned. Nothing in this Agreement shall, however, be construed to preclude either Party from developing, using, marketing, licensing and/or selling independently software which has the same or similar functionality as Software or any other products, as long as such activities do not infringe the intellectual property rights of the other Party. Highsoft reserves all rights not expressly granted to Licensee in this Agreement. Without limiting the generality of the foregoing, Licensee acknowledges and agrees that: (a) except as specifically set forth in this Agreement, Highsoft retains all right, title and interest in and to Software, and Licensee does not acquire any right, title Party or interest to Software except as set forth herein; (b) any configuration other statutory or deployment of Software shall not affect or diminish Highsoft’s rights, title or interest in and to Software. Except as stated in the foregoing subsection, nothing in this Agreement shall limit in any way Highsoft’s right to develop, use, license, create derivative works of, or otherwise exploit Software, or to permit Third Parties to do sonon- statutory provisions. Licensee shall not modify, delete or obscure any notices of proprietary rights or any Software identification or restrictions on or in Software found in the license-header of the code files.