Common use of Owner’s Obligations Clause in Contracts

Owner’s Obligations. The Owner agrees that the Software, whether or not modified, will be treated as proprietary to the Vendor, its Subcontrac- tors or its suppliers, as appropriate and the Owner will: (a) Utilize the Software solely in conjunction with the System and/or any PCS System or any PCS Sub-System; provided that the Vendor acknowledges that the Software will be integrated across interfaces with systems, equipment and software provided by other suppliers and customers including, but not limited to, the Other Vendors; (b) Ensure that all copies of the Software will, upon any reproduction by the Owner authorized by the Vendor and whether or not in the same form or format as such Software, contain the same proprietary, confidentiality and copyright notices or legends which appear on the Software provided pursuant hereto; and (c) Hold secret and not disclose the Software (or, subject to subsection 27.19, interfaces to or with such Software) to any person, except to (i) such of its employees, contractors, agents or Affiliates that are involved in the operation or management of the System and/or any PCS System or any PCS Sub-System and need to have access thereto to fulfill their duties in such capacity, or (ii) other Persons who need to use such Software to permit integration of the System and/or any PCS System and/or any PCS Sub-System with systems and software of other suppliers and customers including, but not limited to, the Other Vendors; provided that such Persons agree, or are otherwise obligated, to hold secret and not disclose the Software to the same extent as if they were subject to this Contract. (d) When and if the Owner determines that it no longer needs the Software or if the Owner's license is canceled or terminated pursuant to the terms of this Contract, return all copies of such Software to the Vendor or follow reasonable written disposition instructions provided by the Vendor. If the Vendor authorizes disposition by erasure or destruction, the Owner will remove from the medium on which Software resides all electronic evidence of the Software, both original and derived, in such manner that prevents subsequent recovery of such original or derived Software.

Owner’s Obligations. The Owner agrees that the Software, whether or not modified, will and all copies thereof made by Owner, shall be treated as proprietary to the Vendor, its Subcontrac- tors Subcontractors or its suppliers, as appropriate and the Owner willshall: (a) Utilize the Software solely in conjunction with the System and/or any PCS System or any PCS Sub-a System; provided that the Vendor acknowledges that the Software will shall be integrated across interfaces with systems, equipment and software provided by other suppliers and customers including, but not limited to, customers; [*] Certain material (indicated by an asterisk) has been omitted from this document pursuant to a request for confidential treatment. The omitted material has been filed separately with the Other Vendors;Securities and Exchange Commission. (b) Ensure that all copies of the Software willshall, upon any reproduction by the Owner authorized by the Vendor and whether or not in the same form or format as such Software, contain the same proprietary, confidentiality and copyright notices or legends which appear on the Software provided pursuant hereto; and (c) Hold secret and not disclose the Software (or, subject to subsection 27.19, interfaces to or with such Software) to any person, except to (i) such of its employees, contractors, agents or Affiliates affiliates that are involved in the operation or management of the System and/or any PCS System or any PCS Sub-a System and need to have access thereto to fulfill their duties in such capacity, or (ii) other Persons who need to use such Software to permit integration of the System and/or any PCS System and/or any PCS Sub-a System with systems and software of other suppliers and customers including, but not limited to, the Other Vendorscustomers; provided that such Persons persons agree, or are otherwise obligated, to hold secret and not disclose the Software to the same extent as if they were subject to this Contract, and provided further that if any such Person is a competitor of Vendor involved in the manufacture of communications equipment, software or related services, Vendor must approve such use on a case-by-case basis on commercially reasonable terms and such use shall be subject to an appropriate non-disclosure agreement. (d) When and if the Owner determines that it no longer needs the Software or if the Owner's license is canceled or terminated pursuant to the terms of this Contract, return all copies of such Software to the Vendor or follow reasonable written disposition instructions provided by the Vendor. If the Vendor authorizes disposition by erasure or destruction, the Owner will shall remove from the medium on which Software resides all electronic evidence of the Software, both original and derived, in such manner that prevents subsequent recovery of such original or derived Software. (e) Owner shall not copy Software embodied in firmware and unless otherwise specifically provided in this Contract, Owner is not granted any right to modify Software furnished by Vendor under this Contract.

Owner’s Obligations. The Owner agrees that the Software, whether or ------------------- not modified, will be treated as proprietary to the Vendor, its Subcontrac- tors Subcontractors or its suppliers, as appropriate and the Owner will: (a) Utilize the Software solely in conjunction with the System and/or any PCS System or any PCS Sub-System; provided that the Vendor acknowledges that the Software will be -------- ---- integrated across interfaces with systems, equipment and software provided by other suppliers and customers including, but not limited to, the Other Vendors; (b) Ensure that all copies of the Software will, upon any reproduction by the Owner authorized by the Vendor and whether or not in the same form or format as such Software, contain the same proprietary, confidentiality and copyright notices or legends which appear on the Software provided pursuant hereto; and (c) Hold secret and not disclose the Software (or, subject to subsection 27.19, interfaces to or with such Software) to any person, except to (i) such of its employees, contractors, agents or Affiliates that are involved in the operation or management of the System and/or any PCS System or any PCS Sub-System and need to have access thereto to fulfill their duties in such capacity, or (ii) other Persons who need to use such Software to permit integration of the System and/or any PCS System and/or any PCS Sub-System with systems and software of other suppliers and customers including, but not limited to, the Other Vendors; provided that such Persons persons agree, or are -------- ---- otherwise obligated, to hold secret and not disclose the Software to the same extent as if they were subject to this Contract. (d) When and if the Owner determines that it no longer needs the Software or if the Owner's license is canceled or terminated pursuant to the terms of this Contract, return all copies of such Software to the Vendor or follow reasonable written disposition instructions provided by the Vendor. If the Vendor authorizes disposition by erasure or destruction, the Owner will remove from the medium on which Software resides all electronic evidence of the Software, both original and derived, in such manner that prevents subsequent recovery of such original or derived Software.

Owner’s Obligations. The Owner agrees that the Software, ------------------- whether or not modified, will and all copies thereof made by Owner, shall be treated as proprietary to the Vendor, its Subcontrac- tors Subcontractors or its suppliers, as appropriate and the Owner willshall: (a) Utilize the Software solely in conjunction with the System and/or any PCS System or any PCS Sub-a System; provided that the Vendor acknowledges that the Software will shall be integrated -------- ---- across interfaces with systems, equipment and software provided by other suppliers and customers including, but not limited to, customers; [*] Certain material (indicated by an asterisk) has been omitted from this document pursuant to a request for confidential treatment. The omitted material has been filed separately with the Other Vendors;Securities and Exchange Commission. (b) Ensure that all copies of the Software willshall, upon any reproduction by the Owner authorized by the Vendor and whether or not in the same form or format as such Software, contain the same proprietary, confidentiality and copyright notices or legends which appear on the Software provided pursuant hereto; and (c) Hold secret and not disclose the Software (or, subject to subsection 27.19, interfaces to or with such Software) to any person, except to (i) such of its employees, contractors, agents or Affiliates affiliates that are involved in the operation or management of the System and/or any PCS System or any PCS Sub-a System and need to have access thereto to fulfill their duties in such capacity, or (ii) other Persons who need to use such Software to permit integration of the System and/or any PCS System and/or any PCS Sub-a System with systems and software of other suppliers and customers including, but not limited to, the Other Vendorscustomers; provided that such Persons persons agree, or are -------- ---- otherwise obligated, to hold secret and not disclose the Software to the same extent as if they were subject to this Contract, and provided further that if any such Person is a competitor of Vendor involved in the manufacture of communications equipment, software or related services, Vendor must approve such use on a case-by-case basis on commercially reasonable terms and such use shall be subject to an appropriate non-disclosure agreement. (d) When and if the Owner determines that it no longer needs the Software or if the Owner's license is canceled or terminated pursuant to the terms of this Contract, return all copies of such Software to the Vendor or follow reasonable written disposition instructions provided by the Vendor. If the Vendor authorizes disposition by erasure or destruction, the Owner will shall remove from the medium on which Software resides all electronic evidence of the Software, both original and derived, in such manner that prevents subsequent recovery of such original or derived Software. (e) Owner shall not copy Software embodied in firmware and unless otherwise specifically provided in this Contract, Owner is not granted any right to modify Software furnished by Vendor under this Contract.

Owner’s Obligations. The Owner agrees that the Software, whether or not modified, will and all copies thereof made by Owner, shall be treated as trade secrets and proprietary to the Vendor, its Subcontrac- tors Subcontractors or its suppliers, as appropriate and the Owner willshall: (a) Utilize the Software solely in conjunction with the System and/or any PCS System or any PCS Sub-SystemProducts for which the Software was purchased; provided that the Vendor acknowledges that the Software will shall be integrated across interfaces with systems, equipment and software provided by other suppliers and customers including, but not limited to, the Other Vendorscustomers; (b) Ensure that all copies of the Software willshall, upon any reproduction by the Owner authorized by the Vendor and whether or not in the same form or format as such Software, contain the same proprietary, confidentiality and copyright notices or legends which appear on the Software provided pursuant hereto; and (c) Hold secret and not disclose the Software (or, subject to subsection 27.19, interfaces to or with such Software) to any person, except to (i) such of its employees, contractors, agents or Affiliates affiliates that are involved in the operation or Nortel Networks and Cricket Communications Proprietary and Confidential Information management of Products for which the System and/or any PCS System or any PCS Sub-System Software was purchased and need to have access thereto to fulfill their duties in such capacity, or (ii) other Persons who need to use such Software to permit integration of a Product for which the System and/or any PCS System and/or any PCS Sub-System Software was purchased with systems and software of other suppliers and customers including, but not limited to, the Other Vendorscustomers; provided that such Persons persons agree, or are otherwise obligated, to hold secret and not disclose the Software to the same extent as if they were subject to this Contract, and provided further that if any such Person is a competitor of Vendor involved in the manufacture of communications equipment, software or related services, Vendor must approve such use on a case-by-case basis on commercially reasonable terms and such use shall be subject to an appropriate non-disclosure agreement. (d) When and if the Owner determines that it no longer needs the Software or if the Owner's license is canceled or terminated pursuant to the terms of this Contract, return all copies of such Software to the Vendor or follow reasonable written disposition instructions provided by the Vendor. If the Vendor authorizes disposition by erasure or destruction, the Owner will shall remove from the medium on which Software resides all electronic evidence of the Software, both original and derived, in such manner that prevents subsequent recovery of such original or derived Software. (e) Owner shall not copy Software embodied in firmware and unless otherwise specifically provided in this Contract, Owner is not granted any right to modify Software furnished by Vendor under this Contract.

Owner’s Obligations. The Owner agrees that the Software, ------------------- whether or not modified, will and all copies thereof made by Owner, shall be treated as proprietary to the Vendor, its Subcontrac- tors Subcontractors or its suppliers, as appropriate and the Owner will:shall: [*] Certain material (indicated by an asterisk) has been omitted from this document pursuant to a request for confidential treatment. The omitted material has been filed separately with the Securities and Exchange Commission. (a) Utilize the Software solely in conjunction with the System and/or any PCS System or any PCS Sub-a System; provided that the Vendor acknowledges that the Software will shall be integrated -------- ---- across interfaces with systems, equipment and software provided by other suppliers and customers including, but not limited to, the Other Vendorscustomers; (b) Ensure that all copies of the Software willshall, upon any reproduction by the Owner authorized by the Vendor and whether or not in the same form or format as such Software, contain the same proprietary, confidentiality and copyright notices or legends which appear on the Software provided pursuant hereto; and (c) Hold secret and not disclose the Software (or, subject to subsection 27.19, interfaces to or with such Software) to any person, except to (i) such of its employees, contractors, agents or Affiliates affiliates that are involved in the operation or management of the System and/or any PCS System or any PCS Sub-a System and need to have access thereto to fulfill their duties in such capacity, or (ii) other Persons who need to use such Software to permit integration of the System and/or any PCS System and/or any PCS Sub-a System with systems and software of other suppliers and customers including, but not limited to, the Other Vendorscustomers; provided that such Persons persons agree, or are -------- ---- otherwise obligated, to hold secret and not disclose the Software to the same extent as if they were subject to this Contract, and provided further that if any such Person is a competitor of Vendor involved in the manufacture of communications equipment, software or related services, Vendor must approve such use on a case-by-case basis on commercially reasonable terms and such use shall be subject to an appropriate non-disclosure agreement. (d) When and if the Owner determines that it no longer needs the Software or if the Owner's license is canceled or terminated pursuant to the terms of this Contract, return all copies of such Software to the Vendor or follow reasonable written disposition instructions provided by the Vendor. If the Vendor authorizes disposition by erasure or destruction, the Owner will shall remove from the medium on which Software resides all electronic evidence of the Software, both original and derived, in such manner that prevents subsequent recovery of such original or derived Software. (e) Owner shall not copy Software embodied in firmware and unless otherwise specifically provided in this Contract, Owner is not granted any right to modify Software furnished by Vendor under this Contract.

Owner’s Obligations. The Owner agrees that the Software, whether or not ------------------- modified, will and all copies thereof made by Owner, shall be treated as trade secrets and proprietary to the Vendor, its Subcontrac- tors Subcontractors or its suppliers, as appropriate and the Owner willshall: (a) Utilize the Software solely in conjunction with the System and/or any PCS System or any PCS Sub-a System; provided -------- that the Vendor acknowledges that the Software will shall be integrated across interfaces ---- with systems, equipment and software provided by other suppliers and customers including, but not limited to, the Other Vendorscustomers; (b) Ensure that all copies of the Software willshall, upon any reproduction by the Owner authorized by the Vendor and whether or not in the same form or format as such Software, contain the same proprietary, confidentiality and copyright notices or legends which appear on the Software provided pursuant hereto; and (c) Hold secret and not disclose the Software (or, subject to subsection 27.19, interfaces to or with such Software) to any person, except to (i) such of its employees, contractors, agents or Affiliates affiliates that are involved in the operation or management of the System and/or any PCS System or any PCS Sub-a System and need to have access thereto to fulfill their duties in such capacity, or (ii) other Persons who need to use such Software to permit integration of the System and/or any PCS System and/or any PCS Sub-a System with systems and software of other suppliers and customers including, but not limited to, the Other Vendorscustomers; provided that such Persons persons agree, or are -------- ---- otherwise obligated, to hold secret and not disclose the Software to the same extent as if they were subject to this Contract, and provided further that if any such Person is a competitor of Vendor involved in the manufacture of communications equipment, software or related services, Vendor must approve such use on a case-by-case basis on commercially reasonable terms and such use shall be subject to an appropriate non-disclosure agreement. (d) When and if the Owner determines that it no longer needs the Software or if the Owner's license is canceled or terminated pursuant to the terms of this Contract, return all copies of such Software to the Vendor or follow reasonable written disposition instructions provided by the Vendor. If the Vendor authorizes disposition by erasure or destruction, the Owner will shall remove from the medium on which Software resides all electronic evidence of the Software, both original and derived, in such manner that prevents subsequent recovery of such original or derived Software. (e) Owner shall not copy Software embodied in firmware and unless otherwise specifically provided in this Contract, Owner is not granted any right to modify Software furnished by Vendor under this Contract.