Common use of Grant of Licence Clause in Contracts

Grant of Licence. 4.1 Pentana Solutions hereby grants to the Customer a non-exclusive, non-transferable licence for the Licence Fee. 4.2 Subject to the terms of this Agreement, Pentana Solutions authorises the Customer to access and use the purchased Subscription Service during the Subscription Term as set forth in an applicable Order Form for its business purposes in accordance with the Documentation. The Customer shall not use or otherwise access the Subscription Service in a manner that exceeds the Customer’s authorised use as set forth in this Agreement and the applicable Order Form. 4.3 Pentana Solutions grants the Customer a limited, personal, worldwide, non-sublicensable, non-transferable (except as set forth in Section 28), non-exclusive license during the Subscription Term to install and execute Software on machines operated by or for the Customer solely to facilitate the Customer’s authorised access to and use of the purchased Subscription Service. The Software may include code that is licensed under third party license agreements, including open source made available or provided with the Software. Software is licensed and not sold even if for convenience Pentana Solutions makes reference to words such as sale or purchase. 4.4 In support of the Customer’s internal business use of the Subscription Service during the Subscription Term, Pentana Solutions grants to the Customer a limited, personal, worldwide, non-sublicensable, non-transferable (except as set forth in Section 28), non-exclusive license to download and make a reasonable number of copies of the Development Tools, and to use, copy, modify and create derivative works of the Development Tools, in: (a) using, implementing and integrating the Pentana Solutions applications with other software and systems; and (b) creating applications on the Pentana Solutions platform (to the extent the Customer has purchased authorised use of the Subscription Service to create applications on the Pentana Solutions platform). The Customer shall not use the Development Tools in a manner that causes it to exceed the limits of its authorised use of the Subscription Service as set forth in this Agreement and the Order Form. From time to time, Pentana Solutions may provide Development Tools subject to the terms and conditions of separate agreements which will be provided to the Customer for review and to which the Customer will be required to agree prior to use of such Development Tools; provided that Pentana Solutions shall not require the Customer to agree to separate terms and conditions for any Development Tool that is necessary for the Customer’s use of its ordered Subscription Service in conformance with the Product Overview unless set forth on the Order Form. 4.5 The Customer shall not (and shall not permit others to) do the following with respect to the Pentana Core Technology: (i) use the Subscription Service with external programs in a manner that intentionally circumvents contractual usage restrictions; (ii) license, sub-license, sell, re-sell, rent, lease, transfer, distribute or time share or otherwise make any of it available for access by third parties except as otherwise expressly provided in an Order Form; (iii) access it for the purpose of developing or operating products or services intended to be offered to third parties in competition with the Subscription Service; (iv) disassemble, reverse engineer or decompile it; except to the extent permitted by law, (v) copy, adapt, translate, create derivative works based on or otherwise modify it except as permitted in this Agreement; (vi) remove or modify a copyright or other proprietary rights or restricted use notice in it; (vii) use it to reproduce, distribute, display, transmit or use material protected by copyright or other intellectual property right (including moral rights, any rights of publicity or privacy or confidentiality) without first obtaining the permission of the owner; (viii) use it to create, use, send, store or run viruses or other harmful computer code, files, scripts, agents or other programs or otherwise engage in a malicious act or disrupt its security, integrity or operation; or (ix) access or disable any Pentana or third party data, software or network (other than the Customer’s instance of the Subscription Service in accordance with this Agreement). Before the Customer exercises any of the foregoing actions that the Customer believes it is entitled to, the Customer shall provide Pentana with thirty (30) days’ prior written notice and provide reasonably requested information to allow Pentana to assess the Customer’s claim and, at Pentana Solutions’ sole discretion, provide alternatives that reduce adverse impacts on Pentana Solutions’ intellectual property and other rights.

Grant of Licence. 4.1 Pentana Solutions hereby grants to the Customer a non-exclusive, non-transferable licence for the Licence Fee. 4.2 Subject to the terms of this Agreement, Pentana Solutions authorises the Customer to access and use the purchased Subscription Service during the Subscription Term as set forth in an applicable Order Form for its business purposes in accordance with the Documentation. The Customer shall not use or otherwise access the Subscription Service in a manner that exceeds the Customer’s authorised use as set forth in this Agreement and the applicable Order Form. 4.3 Pentana Solutions grants the Customer a limited, personal, worldwide, non-sublicensable, non-transferable (except as set forth in Section 28), non-exclusive license during the Subscription Term to install and execute Software on machines operated by or for the Customer solely to facilitate the Customer’s authorised access to and use of the purchased Subscription Service. The Software may include code that is licensed under third party license agreements, including open source made available or provided with the Software. Software is licensed and not sold even if for convenience Pentana Solutions makes reference to words such as sale or purchase. 4.4 In support of the Customer’s internal business use of the Subscription Service during the Subscription Term, Pentana Solutions grants to the Customer a limited, personal, worldwide, non-sublicensable, non-transferable (except as set forth in Section 28), non-exclusive license to download and make a reasonable number of copies of the Development Tools, and to use, copy, modify and create derivative works of the Development Tools, in: (a) using, implementing and integrating the Pentana Solutions applications with other software and systems; and (b) creating applications on the Pentana Solutions platform (to the extent the Customer has purchased authorised use of the Subscription Service to create applications on the Pentana Solutions platform). The Customer shall not use the Development Tools in a manner that causes it to exceed the limits of its authorised use of the Subscription Service as set forth in this Agreement and the Order Form. From time to time, Pentana Solutions may provide Development Tools subject to the terms and conditions of separate agreements which will be provided to the Customer for review and to which the Customer will be required to agree prior to use of such Development Tools; provided that Pentana Solutions shall not require the Customer to agree to separate terms and conditions for any Development Tool that is necessary for the Customer’s use of its ordered Subscription Service in conformance with the Product Overview unless set forth on the Order Form. 4.5 The Customer shall not (and shall not permit others to) do the following with respect to the Pentana Core Technology: (i) use the Subscription Service with external programs in a manner that intentionally circumvents contractual usage restrictions; (ii) license, sub-license, sell, re-sell, rent, lease, transfer, distribute or time share or otherwise make any of it available for access by third parties except as otherwise expressly provided in an Order Form; (iii) access it for the purpose of developing or operating products or services intended to be offered to third parties in competition with the Subscription Service; (iv) disassemble, reverse engineer or decompile it; except to the extent permitted by law, (v) copy, adapt, translate, create derivative works based on or otherwise modify it except as permitted in this Agreement; (vi) remove or modify a copyright or other proprietary rights or restricted use notice in it; (vii) use it to reproduce, distribute, display, transmit or use material protected by copyright or other intellectual property right (including moral rights, any rights of publicity or privacy or confidentiality) without first obtaining the permission of the owner; (viii) use it to create, use, send, store or run viruses or other harmful computer code, files, scripts, agents or other programs or otherwise engage in a malicious act or disrupt its security, integrity or operation; or (ix) access or disable any Pentana Solutions or third party data, software or network (other than the Customer’s instance of the Subscription Service in accordance with this Agreement). Before the Customer exercises any of the foregoing actions that the Customer believes it is entitled to, the Customer shall provide Pentana Solutions with thirty (30) days’ prior written notice and provide reasonably requested information to allow Pentana Solutions to assess the Customer’s claim and, at Pentana Solutions’ sole discretion, provide alternatives that reduce adverse impacts on Pentana Solutions’ intellectual property and other rights.

Grant of Licence. 4.1 Pentana Solutions Paygle hereby grants to the Customer a non-exclusive, non-transferable licence for the Licence Fee. 4.2 Subject to the terms of this Agreement, Pentana Solutions Paygle authorises the Customer to access and use the purchased Subscription Service during the Subscription Term as set forth in an applicable Order Form for its business purposes in accordance with the Documentation. The Customer shall not use or otherwise access the Subscription Service in a manner that exceeds the Customer’s authorised use as set forth in this Agreement and the applicable Order Form. 4.3 Pentana Solutions Paygle grants the Customer a limited, personal, worldwide, non-sublicensablesub-licensable, non-transferable (except as set forth in Section 28), non-non- exclusive license during the Subscription Term to install and execute Software on machines operated by or for the Customer solely to facilitate the Customer’s authorised access to and use of the purchased Subscription Service. The Software may include code that is licensed under third party license agreements, including open source made available or provided with the Software. Software is licensed and not sold even if for convenience Pentana Solutions Paygle makes reference to words such as sale or purchase. 4.4 In support of the Customer’s internal business use of the Subscription Service during the Subscription Term, Pentana Solutions Paygle grants to the Customer a limited, personal, worldwide, non-sublicensablesub-licensable, non-transferable (except as set forth in Section 28), non-exclusive license to download and make a reasonable number of copies of the Development Tools, and to use, copy, modify and create derivative works of the Development Tools, in: (a) using, implementing and integrating the Pentana Solutions Paygle applications with other software and systems; and (b) creating Creating applications on the Pentana Solutions Paygle platform (to the extent the Customer has purchased authorised use of the Subscription Service to create applications on the Pentana Solutions Paygle platform). The Customer shall not use the Development Tools in a manner that causes it to exceed the limits of its authorised use of the Subscription Service as set forth in this Agreement and the Order Form. From time to time, Pentana Solutions Paygle may provide Development Tools subject to the terms and conditions of separate agreements which will be provided to the Customer for review and to which the Customer will be required to agree prior to use of such Development Tools; provided that Pentana Solutions Paygle shall not require the Customer to agree to separate terms and conditions for any Development Tool that is necessary for the Customer’s use of its ordered Subscription Service in conformance with the Product Overview unless set forth on the Order Form. 4.5 The Customer shall not (and shall not permit others to) do the following with respect to the Pentana Paygle Core Technology: (i) use the Subscription Service with external programs in a manner that intentionally circumvents contractual usage restrictions; (ii) license, sub-license, sell, re-sell, rent, lease, transfer, distribute or time share or otherwise make any of it available for access by third parties except as otherwise expressly provided in an Order Form; (iii) access it for the purpose of developing or operating products or services intended to be offered to third parties in competition with the Subscription Service; (iv) disassemble, reverse engineer or decompile it; except to the extent permitted by law, (v) copy, adapt, translate, create derivative works based on or otherwise modify it except as permitted in this Agreement; (vi) remove or modify a copyright or other proprietary rights or restricted use notice in it; (vii) use it to reproduce, distribute, display, transmit or use material protected by copyright or other intellectual property right (including moral rights, any rights of publicity or privacy or confidentiality) without first obtaining the permission of the owner; (viii) use it to create, use, send, store or run viruses or other harmful computer code, files, scripts, agents or other programs or otherwise engage in a malicious act or disrupt its security, integrity or operation; or (ix) access or disable any Pentana Paygle or third party data, software or network (other than the Customer’s instance of the Subscription Service in accordance with this Agreement). Before the Customer exercises any of the foregoing actions that the Customer believes it is entitled to, the Customer shall provide Pentana Paygle with thirty (30) days’ prior written notice and provide reasonably requested information to allow Pentana Paygle to assess the Customer’s claim and, at Pentana Solutions’ Paygle’s sole discretion, provide alternatives that reduce adverse impacts on Pentana Solutions’ Paygle’s intellectual property and other rights.

Grant of Licence. 4.1 Pentana Solutions hereby grants to the Customer a non-exclusive, non-transferable licence for the Licence Fee. 4.2 Subject to the terms of this Agreement, Pentana Solutions authorises the Customer to access and use the purchased Subscription Service during the Subscription Term as set forth in an applicable Order Form for its business purposes in accordance with the Documentation. The Customer shall not use or otherwise access the Subscription Service in a manner that exceeds the Customer’s authorised use as set forth in this Agreement and the applicable Order Form. 4.3 Pentana Solutions grants the Customer a limited, personal, worldwide, non-sublicensable, non-transferable (except as set forth in Section 28), non-exclusive license during the Subscription Term to install and execute Software on machines operated by or for the Customer solely to facilitate the Customer’s authorised access to and use of the purchased Subscription Service. The Software may include code that is licensed under third party license agreements, including open source made available or provided with the Software. Software is licensed and not sold even if for convenience Pentana Solutions makes reference to words such as sale or purchase. 4.4 In support of the Customer’s internal business use of the Subscription Service during the Subscription Term, Pentana Solutions Solutiuons grants to the Customer a limited, personal, worldwide, non-sublicensable, non-transferable (except as set forth in Section 28), non-exclusive license to download and make a reasonable number of copies of the Development Tools, and to use, copy, modify and create derivative works of the Development Tools, in: (a) using, implementing and integrating the Pentana Solutions applications with other software and systems; and (b) creating applications on the Pentana Solutions platform (to the extent the Customer has purchased authorised use of the Subscription Service to create applications on the Pentana Solutions platform). The Customer shall not use the Development Tools in a manner that causes it to exceed the limits of its authorised use of the Subscription Service as set forth in this Agreement and the Order Form. From time to time, Pentana Solutions may provide Development Tools subject to the terms and conditions of separate agreements which will be provided to the Customer for review and to which the Customer will be required to agree prior to use of such Development Tools; provided that Pentana Solutions shall not require the Customer to agree to separate terms and conditions for any Development Tool that is necessary for the Customer’s use of its ordered Subscription Service in conformance with the Product Overview unless set forth on the Order Form. 4.5 The Customer shall not (and shall not permit others to) do the following with respect to the Pentana Core Technology: (i) use the Subscription Service with external programs in a manner that intentionally circumvents contractual usage restrictions; (ii) license, sub-license, sell, re-sell, rent, lease, transfer, distribute or time share or otherwise make any of it available for access by third parties except as otherwise expressly provided in an Order Form; (iii) access it for the purpose of developing or operating products or services intended to be offered to third parties in competition with the Subscription Service; (iv) disassemble, reverse engineer or decompile it; except to the extent permitted by law, (v) copy, adapt, translate, create derivative works based on or otherwise modify it except as permitted in this Agreement; (vi) remove or modify a copyright or other proprietary rights or restricted use notice in it; (vii) use it to reproduce, distribute, display, transmit or use material protected by copyright or other intellectual property right (including moral rights, any rights of publicity or privacy or confidentiality) without first obtaining the permission of the owner; (viii) use it to create, use, send, store or run viruses or other harmful computer code, files, scripts, agents or other programs or otherwise engage in a malicious act or disrupt its security, integrity or operation; or (ix) access or disable any Pentana or third party data, software or network (other than the Customer’s instance of the Subscription Service in accordance with this Agreement). Before the Customer exercises any of the foregoing actions that the Customer believes it is entitled to, the Customer shall provide Pentana with thirty (30) days’ prior written notice and provide reasonably requested information to allow Pentana to assess the Customer’s claim and, at Pentana Solutions’ sole discretion, provide alternatives that reduce adverse impacts on Pentana Solutions’ intellectual property and other rights.