License and Intellectual Property Rights. 3.1. Subject to the provisions of this Agreement, EHI grants to the Customer a perpetual non- exclusive, non-transferable (subject to the rights of assignment set out in this Agreement), irrevocable (subject to the rights of termination set out in this Agreement) licence to the Software, and subject to the limitations in this Agreement. The licence granted hereunder is granted solely to the Customer (and not, by implication or otherwise, to any parent, subsidiary or affiliate of such person or entity) and does not allow for any sub-licencing.
3.2. Customer shall not modify, enhance, prepare derivative works or otherwise alter the Software; or otherwise translate, decipher, decrypt, disassemble, reverse engineer or otherwise attempt to discover the source code or any internal data files of any portion of the Software (including third party embedded software); or copy, reproduce, sell, distribute, licence, rent or otherwise allow access to the Software.
3.3. Customer hereby acknowledges and agrees that title and all interests and rights of ownership (including goodwill) in and to the Software and trademarks are and remain with, and shall be the sole and exclusive property of, EHI.
3.4. Other than the licence expressly granted under this Agreement, neither party grants any licence of, right in or makes any assignment of any of its Intellectual Property Rights.
3.5. Customer shall not obtain support for the Software from any party (including the Customer) other than EHI.
License and Intellectual Property Rights. 1. Should Client purchase a license for certain Services, then such license granted by Castor shall always be non-exclusive, non-transferable and non-sublicensable.
2. All Intellectual Property Rights to the works developed by Castor, including source codes, results, documentation, software, websites, databases, (promotional) materials as well as material to prepare the above, will expressly continue to be vested in Castor and/or its licensors. Nothing in these Terms is intended to transfer any Intellectual Property Rights.
3. Client will not perform any act that could infringe the Intellectual Property Rights of Castor or its licensors, including but not limited to disclosing and/or reproducing the Service without approval, licensing the Service to third parties or selling the Service or registering domain names, brands or Google AdWords search terms (keywords) that are similar or identical to any sign in respect of which Castor or its affiliates can exercise Intellectual Property Rights.
4. Xxxxxx has the right to implement technical measures to protect the Services against unlawful use and/or against use in a manner or for purposes other than as agreed between the Parties. Client will not remove these technical measures or have them removed or circumvent them or have them circumvented. Client is not allowed to remove, render illegible, hide or change notifications or announcements concerning Intellectual Property Rights.
5. Unless otherwise agreed upon, Xxxxxx will never be obliged to provide Client with (a physical carrier containing) source codes or other software used in the provision and/or development of its Services.
License and Intellectual Property Rights. All rights, including, without limitation, all intellectual property rights - including source codes, database rights, know-how and trade secrets, in each case whether registered or unregistered (the "Intellectual Property Rights") developed or created by ShapeDiver and/or any of its employees and/or subcontractors in connection with the performance of Services shall accrue exclusively to ShapeDiver, unless expressly agreed otherwise by the Parties on a case-by-case basis. ShapeDiver shall grant the Customer a personal, revocable, non-exclusive, non-assignable, non-transferable and non-licensable right to use the Customization and/or Individual Software against payment of the remuneration agreed to between the Parties, unless expressly otherwise agreed by the Parties on a case-by-case basis. The Customer shall not remove, efface or obscure any copyright notices or other proprietary notices of ShapeDiver from any software or materials, including, but not limited to, the Customization provided hereunder. The Customer may not modify, edit, adapt, reverse-engineer, copy, disassemble, decompile or duplicate in any way the Customization and/or Individual Software or apply any other technical or logical procedure thereto in order to influence or gain information about its structure, processes, functioning or other protectable attributes. If ShapeDiver provides to the Customer open source software, any use thereof shall be subject to the respective licensor's terms. A list of the open source software used in the respective version of the ShapeDiver Technology and the relevant license terms will be made available to the Customer when downloading the respective version.
License and Intellectual Property Rights. You acknowledge that you are receiving only a limited license to use the Products, and that you shall obtain no title, ownership nor any other rights in or to the Products, all and any portion of which title and rights shall remain with West Pond. You have the non-exclusive right to use the Products in accordance with this Agreement and any other agreement with West Pond. Your use of the Products may be limited with respect to the number and type of devices used to access the Products. West Pond may suspend the operation of the Products for repair or maintenance work or in order to update or upgrade the contents or functionality of the Products from time to time. You may not (a) use, copy and/or transfer any Product to any third party, (b) modify any Product, or (c) attempt to reverse engineer, decompile or disassemble any portion of any Product. This license may also be terminated by West Pond if you fail to comply with any term or condition of this Agreement. Upon such termination, you agree to cease use of and/or return any and all Products.
License and Intellectual Property Rights. 1As between the Parties, (i) Liquidia shall own all right, title and interest in and to Liquidia’s Background IP and (ii) Plastiape shall own all right, title and interest in and to the Plastiape Background IP. 22.2Plastiape’s Background IP if any, and IP Rights created by or on behalf of Plastiape as a direct result of the Plastiape’s Background IP under this Agreement (“Plastiape Arising IP”) is retained by Plastiape (collectively with Plastiape Background IP, “Plastiape IP Rights”). During the term of this Agreement, Plastiape grants to Liquidia, and Liquidia hereby accepts, a , worldwide, royalty-free, non-exclusive license under Plastiape IP Rights, including the right to practice such Plastiape IP Rights in any way for Liquidia to receive the full benefit of the Products under this Agreement (license to use, market, sell or resell), which license shall be perpetual as to Products received by Liquidia pursuant to this Agreement. To the extent legally permissible, Liquidia waives any moral rights in Plastiape IP Rights, including, without limitation, the right to be named as author, the right to modify, the right to prevent mutilation and the right to prevent commercial exploitation. To the extent such waiver is not legally permissible, Plastiape will have the irrevocable right to exercise any moral rights in Plastiape IP Rights on Liquidia’s behalf to the fullest extent permitted by law.
License and Intellectual Property Rights. 7.1. Client's Intellectual Property Rights in Developer Software. Client acknowledges that until Developer has prepared a Statement of Work relating to any Developer Software proposed to be developed hereunder, the Intellectual Property Rights of Client relating to such Developer Software which Developer will be able or prepared to incorporate into such Statement of Work will necessarily be uncertain, as such Intellectual Property Rights must be such that Developer is able to perform its obligations under its other contractual commitments with other clients of Developer entered into both before and after this Agreement. Any Statement of Work prepared after the date hereof may (but is not required to) set out Intellectual Property Rights with respect to the Developer Software proposed to be designed and developed by Developer pursuant thereto which are greater than the Intellectual Property Rights herinafter in this Section 7provided. Unless otherwise expressly provided in the applicable Statement of Work, the Intellectual Property Rights of Client in the Developer Software covered by any Statement of Work shall not be less than the non-exclusive, perpetual, irrevocable, worldwide, royalty-free and fully-paid up license hereinafter provided for. Accordingly, unless otherwise expressly provided in the applicable Statement of Work, the following provisions shall govern the respective Intellectual Property Rights of the parties in the Developer Software.
7.2. No Ownership of Preexisting Materials or Inventions. Client expressly recognizes that it is not and will not be the author or owner of any code, graphics, data or documentation provided to Client by Developer where such code, graphics, data or documentation consists of preexisting know-how, generic, licensed or non-unique software components, structures, architectures, subroutines, functions, algorithms, formulas, third party tools, libraries and programs, which Developer may make use of to develop or incorporate into the Developer Software, and to which Developer or any third party licensor has prior copyright ownership ("Preexisting Materials"). Client also expressly recognizes that it is not and will not be the author or owner of the Intellectual Property Rights in any and all inventions, discoveries, trade secrets, know-how, improvements, enhancements, developments, software components, structures, architectures, subroutines, functions, algorithms, formulas, devices, designs, apparatuses, machines, pr...
License and Intellectual Property Rights. 3.1 Subject to the terms and conditions of this Agreement, GROWIN hereby grants to SAFFRON TECH throughout the Term, an exclusive, non-transferable, non- assignable and non-sublicensable license to use the GROWIN Technology solely for the marketing, selling and commercialization of Products in the Territory and under the Trademarks (the “License”).
License and Intellectual Property Rights. 3.1. Subject to compliance with this Agreement and the Documentation, from the earlier between the date of the subscription purchase or the date the Customer first used the Services ( “Effective Date”) and continuing thereafter for the term of the subscription (unless terminated earlier pursuant to the Agreements), a non-exclusive, payment-bearing, non-transferable, non-sublicensable, worldwide, limited license to make use of the Ongage Platform and Services, solely for the Customer’s own use, in connection with its own business.
3.2. Except as permitted in the Agreement, Customer or any Authorized User shall not at any time, directly or indirectly: (i) copy, modify, or create derivative works of the Ongage Content, the Service or Documentation, in whole or in part; (ii) rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service or Documentation to a third party; (iii) reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any software component of the Service or the Ongage Platform, in whole or in part; (iv) remove any proprietary notices from the Ongage Platform, Service or Documentation; (v) create a database by systematically downloading and storing all or any content from the Service; or (vi) use the Service for any illegal, immoral, or unauthorized purpose (including that which would infringe upon the rights of a third party) or that is in breach of applicable law.
3.3. Except as expressly provided herein, Ongage reserves all rights, title, interest in and to Services and Content, the Ongage Platform or Documentation. You may not use our tradenames and logos, unless Ongage provides prior written consent.
License and Intellectual Property Rights. 3.1. The Licensor grants to the Licensee, under the terms, conditions, and limitations, and within the scope set out in the Agreement:
a) a worldwide, non-transferable, non-assignable, revocable, and non-exclusive License to use the PETS Standard software in connection with the Products, including all related Documentation provided to the Licensee under the Agreement; and
b) a worldwide, non-transferable, non-assignable, revocable, and exclusive License to use the PETS Enhanced software in connection with the Products, including all related Documentation provided to the Licensee under the Agreement.
c) End Users shall receive a single installable package that includes both PETS Standard software and PETS Enhanced software.
3.2. The License granted under this Agreement entitles and authorizes the Licensee to use the Software in the following scope and within the following limits:
3.5. Furthermore, the parties agreed that the Licensor shall be entitled, in its own discretion, to revoke the License by delivering a written notice to the Licensee in case of a material breach of the payment obligations under this Agreement by the Licensee. For the purpose of this clause, a material breach of the payment obligation shall mean particularly (but not exclusively) delay in payment of any amount for at least 60 (sixty) days.
3.6. The Licensee acknowledges and agrees that, other than the License as granted under this Agreement, the Licensee does not acquire any intellectual property or other proprietary rights, including patents, copyrights, trademarks (both registered and unregistered), industrial designs, moral rights, trade secret or confidential information, mask work rights, service marks, design rights, registered designs, topography rights, database rights, rights of confidence, know-how and all other similar intellectual property or proprietary rights anywhere in the world, whether or not registered or statutory and including, without limitation, all applications and registrations with respect to the foregoing (the “Intellectual Property Rights”), in or relating to the Software. The Licensee shall not refute or otherwise challenge the Licensor’s ownership of any such Intellectual Property Rights. Unless stated expressly in writing in this Agreement, neither party will acquire any ownership interest in, or license to, the other's Intellectual Property Rights by virtue of this Agreement.
License and Intellectual Property Rights. 3.1. Wonderwerk grants Customer a non-exclusive, non-transferable, non-assignable, non-sublicensable license to use the Services for Customer’s internal business purposes.
3.2. Neither Party is transferring ownership to any intellectual property in any manner under this Agreement. Wonderwerk expressly reserves any and all rights to the Services not specifically granted under Section 3.1.
