Common use of License; Right of Use; Equipment Clause in Contracts

License; Right of Use; Equipment. (a) Delivery of Software shall constitute the granting by the Bank to the Funds of a non-exclusive, non-transferable license to use such Software and related documentation (inclusive of any modifications or replacements thereto), without additional charge, for so long as this Agreement remains in effect. The Funds acknowledge that the Bank and its suppliers retain and shall have title to and exclusive proprietary rights to the Software, including any trade secrets or other ideas, concepts, know-how, methodologies, or information incorporated therein and the exclusive rights to any copyrights, trademarks and patents (including registrations and applications for registration of either), or other statutory or legal protections available in respect thereof. Except as set forth in this Agreement, no license or right of any kind is granted to the Funds with respect to the Software. The Funds further acknowledge that all or a part of the Software may be copyrighted or trademarked (or a registration or claim made therefor) by the Bank or its suppliers. The Funds shall not take any action with respect to the Software or documentation inconsistent with the foregoing acknowledgments, nor shall the Funds attempt to decompile, reverse engineer or modify the Software. The Funds agree that it will not remove any statutory copyright notice or other notice included in the Software or on any media containing the Software. The Fund shall reproduce any such notice on any reproduction of the Software and shall add any statutory copyright notice or other notice to the Software or media upon the Bank's request. (b) A Fund will use the Electronic Service and any related Software only for its own internal and proper business purposes, and will not use the Electronic Service or Software in the operation of a service bureau. The Funds will not sell, lease or otherwise provide, directly or indirectly, any of the Electronic Service or Software or any portion thereof to any other person or entity. A Fund may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Software to its agents that require Electronic Service to provide other services to a Fund, provided that such agents agree in writing to be bound by the terms of this Agreement. The Fund shall include on any such copy all of the Bank's proprietary notices. Upon cessation of any such agent's services, the Fund shall retrieve from the agent any copies of the Software and destroy them. Except as set forth in Section 1 of this Article, the Funds will not copy the Software without the written consent of the Bank. (c) If a Fund subscribes to any database service which is a part of the Electronic Service, delivery of such database to a Fund shall constitute the granting by the Bank to a Fund of a non-exclusive, non-transferable license to use such database for so long as this Agreement is in effect. It is understood and agreed that any database supplied by the Bank is derived from sources which the Bank believes to be reliable but the Bank does not and could not for the fees charged, guarantee or warrant that the data is correct, complete or current. All such databases are provided as an accommodation by the Bank to its customers and are compiled without any independent investigation by the Bank. However, the Bank will endeavor to update and revise each database on a periodic basis, as the Bank, in its discretion, deems necessary and appropriate. The Funds also acknowledge and agree that each Fund will promptly install all updates and revisions to each database which the Bank provides and that the Bank cannot bear any responsibility whatsoever for any Fund's failure to do so. THE BANK IS NOT RESPONSIBLE FOR ANY RESULTS OBTAINED BY ANY OF THE FUNDS FROM USE OF DATABASE SERVICES PROVIDED BY THE BANK. (d) Each Fund will obtain and maintain at its own cost and expense all equipment and communications services necessary for it to receive the Electronic Service, and the Bank shall not be responsible for the reliability or availability of any such equipment or any communications services used in connection with the Electronic Service. (e) EXPORT OF CERTAIN SOFTWARE PROVIDED BY THE BANK IS PROHIBITED BY UNITED STATES LAW. EACH FUND AND THEIR RESPECTIVE AGENTS MAY NOT UNDER ANY CIRCUMSTANCES RESELL, DIVERT, TRANSFER, TRANSSHIP OR OTHERWISE DISPOSE OF ANY SOFTWARE PROVIDED BY THE BANK (IN ANY FORM) IN OR TO ANY OTHER COUNTRY. IF THE BANK DELIVERED THE SOFTWARE TO A FUND OUTSIDE OF THE UNITED STATES, THE SOFTWARE WAS EXPORTED FROM THE UNITED STATES IN ACCORDANCE WITH THE EXPORT ADMINISTRATION REGULATIONS. DIVERSION CONTRARY TO U.S. LAW IS PROHIBITED. If the Software is delivered to a Fund outside of the United States, the Fund hereby authorizes the Bank to report the Fund's name and address to the United States Bureau of Export Administration and other United States agencies requiring such information, to the extent required by law.

License; Right of Use; Equipment. (a) Delivery of Software shall constitute the granting by the Bank to the Funds of a non-exclusive, non-transferable license to use such Software and related documentation (inclusive of any modifications or replacements thereto), without additional charge, for so long as this Agreement remains in effect. The Funds acknowledge that the Bank and its suppliers retain and shall have title to and exclusive proprietary rights to the Software, including any trade secrets or other ideas, concepts, know-how, methodologies, or information incorporated therein and the exclusive rights to any copyrights, trademarks and patents (including registrations and applications for registration of either), or other statutory or legal protections available in respect thereof. Except as set forth in this Agreement, no license or right of any kind is granted to the Funds with respect to the Software. The Funds further acknowledge that all or a part of the Software may be copyrighted or trademarked (or a registration or claim made therefor) by the Bank or its suppliers. The Funds shall not take any action with respect to the Software or documentation inconsistent with the foregoing acknowledgments, nor shall the Funds attempt to decompile, reverse engineer or modify the Software. The Funds agree that it will not remove any statutory copyright notice or other notice included in the Software or on any media containing the Software. The Fund shall reproduce any such notice on any reproduction of the Software and shall add any statutory copyright notice or other notice to the Software or media upon the Bank's request. (b) A Fund will use the Electronic Service and any related Software only for its own internal and proper business purposes, and will not use the Electronic Service or Software in the operation of a service bureau. The Funds will not sell, lease or otherwise provide, directly or indirectly, any of the Electronic Service or Software or any portion thereof to any other person or entity. A Fund may, subject to the terms of this Agreement and upon advance written notice to the Bank, provide a copy of the Software to its agents that require Electronic Service to provide other services to a Fund, provided that such agents agree in writing to be bound by the terms of this Agreement. The Fund shall include on any such copy all of the Bank's proprietary notices. Upon cessation of any such agent's services, the Fund shall retrieve from the agent any copies of the Software and destroy them. Except as set forth in Section 1 of this Article, the Funds will not copy the Software without the written consent of the Bank. (c) If a Fund subscribes to any database service which is a part of the Electronic Service, delivery of such database to a Fund shall constitute the granting by the Bank to a Fund of a non-exclusive, non-transferable license to use such database for so long as this Agreement is in effect. It is understood and agreed that any database supplied by the Bank is derived from sources which the Bank believes to be reliable but the Bank does not and could not for the fees charged, guarantee or warrant that the data is correct, complete or current. All such databases are provided as an accommodation by the Bank to its customers and are compiled without any independent investigation by the Bank. However, the Bank will endeavor to update and revise each database on a periodic basis, as the Bank, in its discretion, deems necessary and appropriate. The Funds also acknowledge and agree that each Fund will promptly install all updates and revisions to each database which the Bank provides and that the Bank cannot bear any responsibility whatsoever for any Fund's failure to do so. THE BANK IS NOT RESPONSIBLE FOR ANY RESULTS OBTAINED BY ANY OF THE FUNDS FROM USE OF DATABASE SERVICES PROVIDED BY THE BANK. (d) Each Fund will obtain and maintain at its own cost and expense all equipment and communications services necessary for it to receive the Electronic Service, and the Bank shall not be responsible for the reliability or availability of any such equipment or any communications services used in connection with the Electronic Service. (e) EXPORT OF CERTAIN SOFTWARE PROVIDED BY THE BANK IS PROHIBITED BY UNITED STATES LAW. EACH FUND AND THEIR RESPECTIVE AGENTS MAY NOT UNDER ANY CIRCUMSTANCES RESELL, DIVERT, TRANSFER, TRANSSHIP OR OTHERWISE DISPOSE OF ANY SOFTWARE PROVIDED BY THE BANK (IN ANY FORM) IN OR TO ANY OTHER COUNTRY. IF THE BANK DELIVERED THE SOFTWARE TO A FUND OUTSIDE OF THE UNITED STATES, THE SOFTWARE WAS EXPORTED FROM THE UNITED STATES IN ACCORDANCE WITH THE EXPORT ADMINISTRATION REGULATIONS. DIVERSION CONTRARY TO U.S. LAW IS PROHIBITED. If the Software is delivered to a Fund outside of the United States, the Fund hereby authorizes the Bank to report the Fund's name and address to the United States Bureau of Export Administration and other United States agencies requiring such information, to the extent required by law.