Outsourcing Rights. In the event INTESA provides outsourcing services to a Customer that has licensed a Program from Supplier, INTESA will not owe Supplier a fee for access to, or assignment of, such license or for transfer of the applicable Program to an INTESA computer system which is of like configuration as the computer system for which the Program was licensed. The foregoing is subject to INTESA providing Supplier notice of such Program to be managed by INTESA and provided the Program will only be used on behalf of the Customer. Upon expiration or termination of the agreement to provide outsourcing services to the Customer, INTESA’s right to use that copy of the Program will end. For those Programs acquired directly by INTESA from Supplier, INTESA shall be free to continue to use such Program in support of its business needs, including in support of the provision of services to INTESA's Customers, at no additional fee. INTESA shall have the right to assign the license it has acquired from Supplier hereunder to its Customer at no additional cost, provided that INTESA gives Supplier thirty (30) days prior written notice of its intent to assign such rights, and provided further that IBM's Customer signs Supplier’s license, and/or such other contractual document as may be reasonably required for such Program. In the event INTESA makes the functionality of the Program available to Customers through outsourcing other services arrangements other than as described above, any royalty owed for such uses shall be calculated based on a discount off the applicable INTESA list price, with such discount established by INTESA to approximate the discount that INTESA typically grants to its largest Customers. For the sake of clarity, when the functionality of the Program is not made available to a Customer, but the Program is used by INTESA to support the IBM internal operations as part of the infrastructure of running the INTESA business generally (such as for outsourcing or in support of hosting services or Software as a Service offerings), such use is “other internal use” subject to Section (a)4. Above.
Outsourcing Rights. Licensee may, at no extra charge, on 30 days written notice to Vitria, allow a third party (the "Outsourcer" to which the Licensee outsources the computer processing for which the Product is being used), to use the Product, under the following terms: (i) the Outsourcer may use the Product solely to perform services only for the Licensee; (ii) the Outsourcer agrees with the Licensee in writing to comply with reasonable terms about licenses, limitations on use, and the protection of confidential information, consistent with this Agreement; and (iii) a breach of that agreement by the Outsourcer will be considered to be a breach by the Licensee.
Outsourcing Rights. End User may, at no extra charge, and on 30 days written notice to Vitria, allow a third party to which the End User outsources the computer processing for which the Product is being used (the “Outsourcer”), to use the Product, under the following terms: (i) the Outsourcer may use the Product solely to perform services only for the End User and not for its own business purposes or on behalf of any other entity; (ii) the Outsourcer agrees with the End User in writing to comply with reasonable terms about licenses, limitations on use, and the protection of confidential information, consistent with this Agreement; and
