Common use of Ownership and Restrictions Clause in Contracts

Ownership and Restrictions. 3.1. Customer retains all ownership and Intellectual Property rights in and to Customer Content, Customer Hardware, and Customer Applications, except as expressly provided herein. ORock or its licensors retain all ownership and Intellectual Property rights to the ORock Infrastructure, Services, including ORock Software and Ancillary Programs, Separately Licensed Third-Party Technology, and to anything developed or delivered by or on behalf of ORock under this Agreement. Ownership of derivative works should be as set forth in the copyright statute, 17 U.S.C. § 103 and the FAR clause at 52.227-14, but at a minimum, the Ordering Activity shall receive unlimited rights to use such derivative works at no further cost. 3.2. Customer may not, or cause or permit others to: a) remove or modify any program markings or any notice of ORock’s or its licensors’ proprietary rights; b) make the programs or materials resulting from the Services (excluding Customer Content and Customer Applications) available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific Services Customer has acquired); c) modify, make derivative works of, disassemble, decompile, or reverse engineer any part of the ORock Infrastructure or the Services (the foregoing prohibition includes, but is not limited to, review of data structures or similar materials produced by programs), or access or use the ORock Infrastructure or Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to ORock; d) perform or disclose any benchmark or performance tests of the Services, including the ORock Software; e) perform or disclose any of the following security testing of the ORock Infrastructure or the Services without ORock’s prior written consent: the ORock Assessment, network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, or penetration testing 3.3. The rights granted to Customer under this Agreement are also conditioned on the following: a) except as expressly provided herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and b) Customer makes every reasonable effort to prevent unauthorized third parties from accessing the Services.

Appears in 2 contracts

Samples: End User License Agreement, End User License Agreement

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Ownership and Restrictions. 3.14.1. Customer retains You retain all ownership and Intellectual Property intellectual property rights in and to Customer Your Content, Customer Hardware, and Customer Applications, except as expressly provided herein. ORock Aproove or its licensors retain all ownership and Intellectual Property intellectual property rights to the ORock Infrastructure, Services, including ORock Software Aproove Programs and Ancillary Programs, Separately Licensed Third-Party Technologyand derivative works thereof, and to anything developed or delivered by or on behalf of ORock Aproove under this the Agreement. Ownership of derivative works should be as set forth in the copyright statute, 17 U.S.C. § 103 and the FAR clause at 52.227-14, but at a minimum, the Ordering Activity shall receive unlimited rights to use such derivative works at no further cost. 3.24.2. Customer You may not, or and may not cause or permit others to: a) remove or modify any program markings or any notice of ORockAproove’s or its licensors’ proprietary rights; b) make the programs or materials resulting from the Services (excluding Customer Your Content and Customer Applications) available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific Services Customer has You have acquired); c) modify, make derivative works of, disassemble, decompile, reverse engineer, reproduce, distribute, republish or reverse engineer download any part of the ORock Infrastructure or the Services (the foregoing prohibition includes, prohibitions include but is are not limited to, to review of data structures or similar materials produced by programs)) unless required to be permitted by law for interoperability, or access or use the ORock Infrastructure or Services in order to build or support, and/or assist a third party in building or supporting, products or services Services competitive to ORockAproove; d) perform or disclose any benchmark or performance tests of the Services, including the ORock SoftwareAproove Programs; e) perform or disclose any of the following security testing of the ORock Infrastructure Services Environment or the Services without ORock’s prior written consentassociated infrastructure: the ORock Assessment, network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, or penetration testing; and 3.3f) license, sell, rent, lease, transfer, assign, distribute, host, outsource, permit timesharing or service bureau use, or otherwise commercially exploit or make available the Services, Aproove Programs, Ancillary Programs, Services Environments or Aproove materials to any third party, other than as expressly permitted under the terms of the applicable order. 4.3. The rights granted to Customer You under this Agreement are also conditioned on the following: a) except as expressly provided hereinherein or in the Order Form, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and b) Customer makes You make every reasonable effort to prevent unauthorized third parties from accessing the Services.

Appears in 2 contracts

Samples: Work Management Cloud Services Agreement, Work Management Cloud Services Agreement

Ownership and Restrictions. 3.1. Customer retains all ownership and Intellectual Property rights in and to Customer Content, Customer Hardware, and Customer Applications, except as expressly provided herein. ORock or its licensors retain all ownership and Intellectual Property rights to the ORock Infrastructure, Services, including ORock Software and Ancillary Programs, Separately Licensed Third-Party Technology, and to anything developed or delivered by or on behalf of ORock under this Agreement. Ownership of derivative works should be as set forth in the copyright statute, 17 U.S.C. § 103 and the FAR clause at 52.227-14103, but at a minimum, the Ordering Activity End User shall receive unlimited rights to use such derivative works at no further cost. 3.2. Customer may not, or cause or permit others to: a) remove or modify any program markings or any notice of ORock’s or its licensors’ proprietary rights; b) make the programs or materials resulting from the Services (excluding Customer Content and Customer Applications) available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific Services Customer has acquired); c) modify, make derivative works of, disassemble, decompile, or reverse engineer any part of the ORock Infrastructure or the Services (the foregoing prohibition includes, but is not limited to, review of data structures or similar materials produced by programs), or access or use the ORock Infrastructure or Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to ORock; d) perform or disclose any benchmark or performance tests of the Services, including the ORock Software; e) perform or disclose any of the following security testing of the ORock Infrastructure or the Services without ORock’s prior written consent: the ORock Assessment, network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, or penetration testing 3.3. The rights granted to Customer under this Agreement are also conditioned on the following: a) except as expressly provided herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and b) Customer makes every reasonable effort to prevent unauthorized third parties from accessing the Services.

Appears in 1 contract

Samples: Cloud Services Agreement

Ownership and Restrictions. 3.1. Customer retains all ownership and Intellectual Property rights in and to Customer Content, Customer Hardware, and Customer Applications, except as expressly provided herein. ORock or its licensors retain all ownership and Intellectual Property rights to the ORock Infrastructure, Services, including ORock Software and Ancillary Programs, Separately Licensed Third-Third Party Technology, and derivative works thereof, and to anything developed or delivered by or on behalf of ORock under this Agreement. Ownership of derivative works should be as set forth in the copyright statute, 17 U.S.C. § 103 and the FAR clause at 52.227-14, but at a minimum, the Ordering Activity shall receive unlimited rights to use such derivative works at no further cost. 3.2. Customer may not, or cause or permit others to: a) remove or modify any program markings or any notice of ORock’s or its licensors’ proprietary rights; b) make the programs or materials resulting from the Services (excluding Customer Content and Customer Applications) available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific Services Customer has acquired); c) modify, make derivative works of, disassemble, decompile, or reverse engineer any part of the ORock Infrastructure or the Services (the foregoing prohibition includes, but is not limited to, review of data structures or similar materials produced by programs), or access or use the ORock Infrastructure or Services in order to build or support, and/or assist a third party in building or supporting, products or services competitive to ORock; d) perform or disclose any benchmark or performance tests of the Services, including the ORock Software; e) perform or disclose any of the following security testing of the ORock Infrastructure or the Services without ORock’s prior written consent: the ORock Assessment, network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, or penetration testing 3.3. The rights granted to Customer under this Agreement are also conditioned on the following: a) except as expressly provided herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and b) Customer makes every reasonable effort to prevent unauthorized third parties from accessing the Services.

Appears in 1 contract

Samples: Cloud Services Agreement

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Ownership and Restrictions. 3.1. Customer retains 4.1 You retain all ownership and Intellectual Property intellectual property rights in and to Customer Your Content, Customer Hardware, and Customer Applications, except as expressly provided herein. ORock PHINITE or its licensors retain all ownership and Intellectual Property intellectual property rights to the ORock Infrastructure, Services, including ORock Software PHINITE Programs and Ancillary Programs, Separately Licensed Third-Party Technologyand derivative works thereof, and to anything developed or delivered by or on behalf of ORock PHINITE under this Agreement. Ownership of derivative works should be as set forth in the copyright statute, 17 U.S.C. § 103 and the FAR clause at 52.227-14, but at a minimum, the Ordering Activity shall receive unlimited rights to use such derivative works at no further cost. 3.2. Customer 4.2 You may not, or cause or permit others to: a) remove or modify any program markings or any notice of ORockPHINITE’s or its licensors’ proprietary rights; b) make the programs or materials resulting from the Services (excluding Customer Content and Customer ApplicationsYour Content) available in any manner to any third party Third Party for use in the third partyThird Party’s business operations (unless such access is expressly permitted for the specific Services Customer has You have acquired); c) modify, make derivative works of, disassemble, decompile, or reverse engineer any part of the ORock Infrastructure or the Services (the foregoing prohibition includes, includes but is not limited to, to review of data structures or similar materials produced by programs)) unless required to be permitted by law for interoperability, or access or use the ORock Infrastructure or Services in order to build or support, and/or assist a third party Third Party in building or supporting, products or services Services competitive to ORockPHINITE; d) perform or disclose any benchmark or performance tests of the Services, including the ORock SoftwarePHINITE Programs, without PHINITE’s prior written consent; e) perform or disclose any of the following security testing of the ORock Infrastructure Services Environment or the Services associated infrastructure without ORockPHINITE’s prior written consent: the ORock Assessment, network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, or penetration testing; and 3.3. f) license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose, permit timesharing or service bureau use, or otherwise commercially exploit or make the Services, PHINITE Programs, Ancillary Programs, Services Environments or materials available, to any Third Party, other than as expressly permitted under the terms of the applicable order. 4.3 The rights granted to Customer You under this Agreement are also conditioned on the following: a) except as expressly provided hereinherein or in Your order, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means; and b) Customer makes You make every reasonable effort to prevent unauthorized third parties from accessing the Services.

Appears in 1 contract

Samples: Cloud Services Agreement

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